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United States v. Hooks

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

May 10, 2018

UNITED STATES OF AMERICA
v.
DWAYNE NAYCON HOOKS

          MAG. JUDGE MARK L. HORNSBY

          RULING

          TERRY A. DOUGHTY, UNITED STATES DISTRICT JUDGE

         Before the Court is Defendant Dwayne Naycon Hooks (“Hooks”) Motion to Vacate, Set Aside, or Correct Sentence [Doc. No. 62 in Criminal Action No. 11-00015-02] and [Doc. No. 18 in Criminal Action No. 11-00163-1], pursuant to 28 U.S.C. § 2255. The Court held Hooks' motion in abeyance pending a decision by the United States Supreme Court in Sessions v. Dimaya, 138 S.Ct. 1204 (2018). A decision in that case issued on April 17, 2018, and the Court is now prepared to rule.

         For the reasons set forth below, the motion is DENIED and DISMISSED WITH PREJUDICE.

         I. FACTS AND PROCEDURAL BACKGROUND

         On January 26, 2011, a federal grand jury in the Western District of Louisiana charged Hooks with one count of conspiracy, in violation of 18 U.S.C. § 371 (Count 1), and three counts of bank robbery by force, violence, or intimidation, in violation of 18 U.S.C. § 2113(a) and (d) (Counts 2, 3, and 4). [Doc. No. 1 in Criminal Action No. 5:11-00015-1].

         On March 2, 2011, Hooks was also charged by a federal grand jury in the Eastern District of Texas with two counts of bank robbery by force, violence, or intimidation, in violation of 18 U.S.C. § 2113(a) (Counts 1 and 3), and two counts of possession of a firearm during a crime of violence, in violation of 18 U.S.C. §§ 924(c)(1)(A)(i) and 2 (Counts 2 and 4).

         The Eastern District of Texas charges were then transferred to this district, on June 27, 2011, and assigned a Criminal Action No. of 5:11-00163-1.

         On July 6, 2011, Hooks pled guilty to Count 2 of the indictment in Criminal Action No. 5:11-00015-1 (the Louisiana charges) and Counts 1, 2, and 3 of the indictment in Criminal Action No. 5: 11:00163-1 (the Texas charges). [Doc. Nos. 45 and 46, in Criminal Action No.5:11-cr-00015-1; Doc. Nos. 4 and 6, in Criminal Action No. 5:11-cr-00163-1]. As part of his guilty plea, Hooks and the Government stipulated to the following factual basis:

DWAYNE NAYCON HOOKS and co-defendant Kevin Nell Brown committed a string of armed bank robberies in the [WDLA] and the [EDTX]. HOOKS committed the robbery of Capital One Bank in Grand Cane, Louisiana by himself. All of the banks robbed were insured by FDIC.
Each robbery was committed while the banks were open for business. HOOKS and Brown forced bank employees to provide cash from their drawers. On several occasions, Brown crossed the teller counter and took the money from the drawers. In all but the Grand Cane robbery, HOOKS and Brown then forced a bank employee to provide keys to the employee's vehicle which was then used as a get-a-way car. All of the cars were recovered without damage.
In every robbery, HOOKS possessed a firearm. On two occasions, HOOKS discharged a firearm inside the bank, although nobody was physically injured. A G.A.I. pistol, cal: 9mm, model: PA63, SN: ANO528 with ammunition was recovered at the time of the arrest of HOOKS and Brown.

         The following chart summarizes the robberies:

Date

Location

Bank

Amount Stolen

07/13/2010

Grand Cane, LA

Capitol One Bank

$ 3, 636.00

10/15/2010

Shreveport, LA

Red River Bank

$16, 395.00

11/03/2010

Joaquin, TX

Texas State Bank

$32, 187.00

12/02/2010

Haslam, TX

Texas State Bank

$14, 307.00

01/05/2011

Pleasant Hill, LA

Peoples State Bank

$25, 545.00


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