United States District Court, W.D. Louisiana, Shreveport Division
L. HORNSBY MAG. JUDGE
A. DOUGHTY UNITED STATES DISTRICT JUDGE
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].
reasons set forth below, the motions are DENIED and DISMISSED
Facts and Procedural Background
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.
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
Eastern District of Texas charges were then transferred to
this district on June 27, 2011, and assigned Criminal Action
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
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.
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.
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.