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United States v. Hooks

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

October 18, 2018

UNITED STATES OF AMERICA
v.
DWAYNE NAYCON HOOKS

          MARK L. HORNSBY MAG. JUDGE

          RULING

          TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE

         Before the Court are Defendant Dwayne Naycon Hooks' (“Hooks”) Motion to Vacate under 28 U.S.C. § 2255 [Doc. No. 94 in No. 5:11-CR-00015-1; Doc. No. 39 in No. 5:11-CR-00163-1] and his Motion for Relief Pursuant to Rule 60(d)(3) for Fraud upon the Court [Doc. No. 96 in No. 5:11-CR-00015-1; Doc. No. 41 in No. 5:11-CR-00163-1].

         For the reasons set forth below, the motions are DENIED and DISMISSED WITHOUT 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) (Counts 2 and 4).

         The Eastern District of Texas charges were then transferred to this district on June 27, 2011, and assigned Criminal Action No. 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 getaway 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.

         On October 28, 2011, Judge Donald Walter sentenced Hooks to a term of imprisonment of 96 months on Count 2 in Criminal Action No. 11-00015-1 and Counts 1 and 3 in Criminal Action No. 11-00163-1, to run concurrently, followed by a consecutive term of imprisonment of 60 months as to Count 2 in Criminal Action No. 11-00163-1. [Doc. No. 52 in Criminal Action No. 5:11-00015-1; Doc. No. 10 in Criminal Action No. 5:11-00163-1]. In total, Hooks was sentenced to serve 156 months imprisonment, followed by supervised release for terms of five (5) years as to Count 2 of both Indictments and three (3) years as to Counts 1 and 3 of the Indictment in Criminal Action No. 5:11-00163-1, all terms to run concurrently. Id. Hooks did not appeal.

         On May 17, 2016, Hooks filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255, in which he argued that Count 2 of Criminal Action No. 11-00163-1 should be dismissed because the “crime of violence” language in 18 U.S.C. §924(c) is unconstitutionally vague [Doc. No. 62 in No. 5:11-CR-00015-1; Doc. No. 18 in No. 5:11-CR-00163-1]. This Court denied that motion and dismissed it with prejudice on May 10, 2018 [Doc. Nos. 89, 90 in No. 5:11-CR-00015-1; Doc. Nos. 32, 33 in No. 5:11-CR-00163-1]. ...


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