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United States v. Collins

United States District Court, W.D. Louisiana, Shreveport Division

October 16, 2017

UNITED STATES OF AMERICA
v.
BRODRICK COLLINS

          HORNSBY MAGISTRATE JUDGE

          MEMORANDUM RULING

          S. MAURICE HICKS. JR. UNITED STATES DISTRICT JUDGE

         Before the Court is Petitioner Brodrick Collins' (“Collins”) “Motion to File Out of Time/Equitable Tolling & Memorandum in Support” (Record Document 99). For the reasons contained in the instant Memorandum Ruling, the Motion is DENIED.

         FACTUAL AND PROCEDURAL BACKGROUND

         In 2004, police officers for the City of Shreveport arrested Collins for participation in a drug distribution ring. See United States v. Collins, 2011 U.S. Dist. LEXIS 128767 at *1. This Court summarized the facts surrounding Collins' conviction in its Memorandum Ruling on Collins' first 28 U.S.C. § 2255 Motion as follows:

Shreveport police officers “conducted a controlled purchase of crack cocaine at a residence on Milam Street.” See id. Subsequently, the officers executed a search warrant at the same residence. See id. The search resulted in the arrest of ten individuals, including Collins. (Record Document 79-1 at 3). According to testimony elicited at trial, the residence was rented to Collins. See id. Also found during the search were “[f]our firearms, two scales, four pounds of marijuana, and 57 grams of crack cocaine.” See Id. The scales were found on a coffee table and on the couch in the living room of the residence. Collins had 56 grams of cocaine on his person at the time of his arrest. See id. The search of the residence also produced a 9mm Smith & Wesson handgun, a .40 caliber loaded Glock handgun, and a SKS assault weapon. See id.
On March 25, 2004, a federal grand jury returned a five-count indictment against Collins. (Record Document 79-1 at 1). Count One charged Collins with “possession with intent to distribute” cocaine; Count Two charged him with “possession of a firearm;” Count Three charged him with “possession of a firearm by convicted felon;” Count Four charged him with “possession of stolen firearm;” and Count Five was a forfeiture count. (Record Document 11).
On September 1, 2004, a jury found Collins guilty of Counts One through Four. (Record Document 79-1 at 1). Collins was sentenced on December 8, 2004 on all four counts. For Count One, Collins was sentenced to life. Collins was sentenced to 120 months, per count, for Counts Three and Four. Both sentences were set to run concurrently with each other and Count One. On Count Four, Collins was sentenced to 60 months, which was to run consecutively with Counts One through Three. (Record Document 79-1 at 1-2).
On July 26, 2006, the Court allowed Collins to file an out of time, direct appeal. See id. On appeal, Collins argued that the life sentence was unconstitutional because it was based on prior convictions that “were not pleaded or proved to the jury.” United States of America v. Collins, No. 06-30883 (5th Cir. June 20, 2007). In affirming the sentence, the Fifth Circuit held that Collins arguments were “foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998).” See id. The Supreme Court denied certiorari. Collins v. United States, No. 07-6570 (Oct. 15, 2007).

United States v. Collins, 2011 U.S. Dist. LEXIS 128767 at *1-4 (W.D. La. 2011).

         In this same ruling, this Court addressed Collins' numerous arguments in favor of overturning his conviction. See id. at *4-17. The Court found that many of Collins' arguments were not properly before the Court. See id. at *17. However, it did consider the substance of a number of Collins' claims, but rejected all such claims. See id. at *4-17. Thus, the Court denied Collins' first § 2255 Motion on November 4, 2011. See id. at *17. Both this Court and the Fifth Circuit denied a Certificate of Appealability on Collins' first § 2255 Motion. See Record Documents 88 and 95.

         Between the Fifth Circuit's denial of Collins' Motion for a Certificate of Appealability on June 13, 2012, and the filing of the instant Motion on July 13, 2017, little activity occurred in the instant action. The only documents filed into the record during this time were: (1) this Court's August 1, 2012, Order stating that no change in Defendant's sentence was warranted as a result of changes to sentencing practices for crack cocaine offenses; (2) the accompanying Statement of Reasons for this Order; and (3) Collins' June 27, 2016, request for a copy of the Federal Rules of Civil Procedure. See Record Documents 96, 97, and 98. In the instant “Motion to File Out of Time/Equitable Tolling & Memorandum in Support” (Record Document 99), Collins seeks leave to file a subsequent § 2255 Motion on the ground that there is newly discovered evidence that justifies overturning his conviction. He seeks leave to file this § 2255 Motion after the expiration of the one-year period for filing such a Motion on the grounds of equitable tolling of the statute of limitations. See Record Document 99.

         LAW AND ANALYSIS

         I. ...


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