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Julius Hall Motion To Correct Sentence
Julius Hall Motion To Correct Sentence
ORIGINAL
(!'V401 - 18 3
ON UN D E R 28 U S C § 2255 TO V ACATE, SET ASIDE, O R CO RRECT
A0243 (Rev. 5185) MOTI
SEN TENCE BY A PERSO N IN FEDERAL CU STODY
I District
%tta fPS 15 IBi t1`[Lx TIIIIYl Southern
MOTION
1 . Name and locati on of court which entered the j udgment of conviction under attack U .S . District Court for
15 : 18 U . S .C . §1956 ( a )( 1)( B) (i )
If you entered a guilty plea to one count or i nd ictment , and a not guilty plea to another count or indictment, gi ve detail s :
6 . If you pl eaded not guilty, what kind of tria l did you have? (Check one )
( a ) Jury B
( b) Judge only 0
(1)
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10 . Other than a direc t appeal from the judgment of c onvi ction and sentenc e , have y ou pre v iou sly filed a ny petitions,
application s or motion s with respect to this judgment in any federal court?
Yes 0 No D
(3) Grounds raised Newly devel ope d circumstances which chan ged the
U .S . S .G . § 2D1 .1 .
( 4) Did you receive an evidentiary hearing on y our petition, appl i cation or motion?
Yes O No IZ
(5) Result
(3) Grou nd s
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A O 2 4 3 (Rev 5)8 5 )
(4) Did you receive a n evidentiary hearing on your pet ition, application or motion?
Yes 0 No 0
(5)
( 6) Date of result
(c) Did you appeal, to an appe llate federal court having jurisdiction , the result of acti on t aken o n any petition .
application or motion?
(1) First petition, etc . Yes D No 0
(2) Second petition, etc . Yes ONo O
(d ) If you did not appeal from the adver se action on any petition , application or moti o n , explain briefly why you d i d not :
1 2 . Sta te concis ely every ground on which you claim that you are be i ng h eld i n violation o f the constitution, laws or
tre aties of the United States . Summarize bri efly the facts supporti n g each grou nd . If n ec e ssary, you may a ttach
pages st ating additional grounds and fac ts s upport ing s ame .
Cnu 'noN: If you fail to set forth all i n t h is b e barred from presenting additional
For your information, the following is a list of the most frequently raised grounds for relief in these proceedings ., Each
statement preceded by a letter constitutes a separate ground for possible relief . You may raise any grounds which you have
otherthan those listed . However, you should raise in this motion all available grounds (relating to this conviction) on which
you based your allegations that you are being held in custody unlawfully .
Do not check any of these listed grounds . If you select one or more of these grounds for relief , you must allege facts . The
motion will be returned to you if you merely check (a) through (j) or any one of the grounds .
(a) Conviction obtained by plea of guilty which was unlawfully induced or not made voluntarily or with understanding of
the nature of the charge and the consequences of the plea .
(b) Conviction obtained by use of coerced confession .
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AO 243 ( Rev . 5 / 85 )
(c) Conviction obtained by use of evidence ga ined pur suant to an uncon sdwtiona l s earch and se i zure .
(d ) Con v i ction obtained by use of evidence obt ained pursuant to an unlawful arrest .
(e) C on vi ction obtained by a violation of the p r ivi lege again st self-i ncri m i natio n.
(f) Co n victi on obtained by the unconstitut io nal fail ure of the prosecuti on to d isc lose to t he defendant e vid en ce fa vorabl e
to t he defendant .
(g) Convi ction obtained by a violation of the protection against double j eopardy.
(h) Conviction obtai ned by action of a grand or petit jury wh ich was unconstitutionally selected a n d i mpanelled .
(i) Denia l of effec tiv e ass istanc e o f co un s e l .
0) Deni al of right of appeal .
B. Ground two :
C. Ground three :
(5)
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A O 243 (Rev 5/ 85 )
D . Ground four :
13 . If any of th e grounds l is ted i n 1 2A , B , C , and D were not previous ly presented , state briefly wh at gro und s were not so
presented , and give your rea s ons fa r n o t presenting t hem :
14 . Do you have any petit io n o r appeal now pendi ng in an y court as to t he judgment u nder attack?
Ye s 0 No 0
15 . Give the name and addr e ss, if known, of each attorney who represente d you in the following stages of the judgment attacked
herein :
David Roberson
( a) At prel im inary hearing
s
21 W est P ark Avenue
[same]
( d) At s entencing
(F )
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AO 2 43 (Rev 5/85 )
(g) On appe al from any advers e ruling in a post-conviction proc eeding None
1 6 . Were you s entenc ed on more than one count o f an indictment, or on more than one i ndi ctment, i n the same court and at
approximately the same time?
Ye s M No0
17 . Do you have any future sentence to serv e after you c omplete the s entenc e impo s ed by the j udgment under a ttac k?
Yes ONo 0
(a) If s o, give name and location of court whi c h i mpos ed s entence to be served in the future :
( c) Have you filed, or do you contemplate fili ng , any petition attacking the judgment which impo sed tht sentence to be
served i n the future?
Yes O No O
Whe refore , movan t prays that the Court grant him all r eli ef to wh ich he may b e entitled in this proceed ing .
N/A
Signature of Attorney (if any)
1
I declare under pena lty of perjury that the fo regoing is true a nd correct. Exec uted on
7-12-6-0/
(d ate) ~~
AFFIDAVIT OR DECLARATION
IN SUPPORT OF MOTION F OR LEAVE TO PROCEED IN FORMA PAUPERIS
1. For both you and your spouse estimate the average amount of money received from each of tj
following sources during the past 12 months . Adjust any amount that was received weekly,
biweekly, quarterly, semiannually, or annually to show the monthly rate . Use gross amounts,
that is, amounts before any deductions for taxes or otherwise .
G ifts $ o
Alimony $ 0
Child Support
Public-ass istance $ o $
(such as welfare)
Other (specify) : _$ 0
,. .
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2. List your employment history for the past tw o years, most recent first . (G ross monthly pay is
before taxes or other deductions .)
3. Li st your spouse 's employment hist ory fo r the past two years , most recent e mployer first. (G ross
monthly pay is before taxes or other deductions.)
Financial institution Type of account Amount you have Amount your spouse has
N/A $ $
$ $
5 . List the assets , and their values , whi ch you own or your spouse owns . Do not list clothing a nd
ordinary household furnishings .
Other assets
Description N/A
Value
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6 . State eve ry person, business, or organization owing you or your spouse money, and the am ot
owe d . N/A
P e rson owing you or Amount owed to you Amount owed to your spouse
your spouse money
S
7. State the persons who rely on you or your spouse for support.
N/A
8. Estimate the average monthly expen ses of you and your family. Show separately the
amounts paid by your spouse. Adjust any payments that are .m ade weekly, biweekly, quarterly,
or annually to show the monthly r ate.
$ NIA
Rent or home-mortgage payment
(include lot rented for mobile home)
Are real estate taxes included? D yes 0 no
Is property insurance included? D yes 13 no
Food ~ 0
Clothing $ o
Life $ $
Health $ $
Motor Vehicle $ $
Other: $ $
Installment payments
$_/A
Motor Vehicle
Credit card(s)
Department store(s)
Other :
9. Do you expect any major changes to your monthly income or expenses or in your assets or
liabilities during the next 12 months?
10. Have you paid - or will you be paying - an attorney any money for services in connection with
this case, including the completion of this form? yes n
~
If yes, how much?
11. Have you paid - or will you be paying - anyone other than an attorney (such as a paralegal or a
typist) any money for services in connection with this case, including the completion of this form?
0 yes M no
If yes, state the person's name , address, and t elephone numb er:
12. Provide any other information that will help explain why you cannot pay the costs of this case .
I am currently in prison and is unable
to generate any income .
I declare under penalty of perj ury that the foregoing is true and co rrec t.
A VlUJJ ~
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CAS E NO :
V .S .
a
JULIUS P . HALL
Pro se
Reg . No . 07594-085
PMB 1000
Talladega, Alabama 35160
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P age
Table of Contents i,
Statement of Facts 6, 7, 8, 9.
Arguments 9,-48 .
Ground One
the tri al court did not en j oin the prosecution to present to the
prote ct ion and due pr oc e ss r„ law via def e ctive indictment andt-;
ac tu a l innocence .
Ground Two
i
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drug ca rryin g the lowest penal ty? Pet i ti oner claims the court
Ground Three
of conspiracy?
Ground Four
facts which were not charged in the ind ictment o r deter mined by a
Ground Five
ii
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INDEX OF AUTHORITIES
3 Blackstone 396
Dixon v . Uni t ed S tates , 509 U . S . 688 , 696 , 113 S .Ct . 2849 (1993) 29
Jones v . United States, 143 L .Ed .2d 311 (1999) . .. ... . .. . . . . ... 1-47
Mattire v . Wainwr i ght, 811 F .2d 1430 (11th Cir . 1987) . . . . . . . . . . 38,45
iii
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U .S . V . Aguayo-Delgado, 220 F .3d 926, 67 CrL 627 (8th Cir . 2000) 12,3 `
U . S . v . B ass
U .S .D .C .N .D . Fla . Pensacola . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
iv
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U .S . v . Rogers
U .S . v . Thomas Fields
Statutes
Title 18 U .S .C . section 2
v
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Ti tl e 1 8 U .S .C . section 3582(c)
Other
Rule 52(b)
U .S .S .G . 2D1 .1
U .S .S .G . 251 .1(a)(2)
U .S .S .G . 3B1 .1(a)
U .S .S .G . 3D1 .3
vi
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J ULI US P HI LLI P S HA LL ,
Ap p e l la nt / Movant,
-v . s .- Case No .
Criminal Case No . :CR491-00111-002
Comes now, appellant-movant, Julius Phillip Hall, pro se,and in durance tti1le,
interposing Haines v . Kerner, 404 U .S . 519, 520 (1972) (per curiam), and respectfully
moves this honorable court pursuant to Jones v . U .S ., 526 U .S ._, 119 S .Ct . 1215,
143 L .Ed .2d 311 (1999) ; Apprendi v . New Jersey, U .S .`, No . 99-478 (June 28, 2000) ;
Edwards v . United States, U .S . 118 S .Ct . 1475, 1477 (1998) ; U .S . v . Riley,
142 F .3d 1234 (11th Cir . 1998) ; Johnson v . Singletary, 938 F .2d 1166 (1991) (actually
innocent of penalty imposed) for leave to file first 2255 or second or successive
motion under 38 U .S .C . § 2255 (3) .
-1-
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Ground One
court did not enjoin the prosecution to present to the jury the
penalty imposed .
1291-92 (11th Cir .), vacated and remanded, U .S ._, 121 S .Ct .
336, 148 L .Ed .2d 270 (2000) ; United States v . Jones, 194 F .3d
2
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d e term inatio n and the sent e nce of t he law ." 3 Blac k stone 396
Ground Two
Ground Th r ee
Ground Four
3
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Ground F ive
4
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19 9 1 , the gove rnme nt made its secon d Brady/ Gigil o d i sclo sure
Pr i sons .
5
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February 5 , 199 9 .
S TATEME NT OF FACTS
The Supreme Court has not specifica lly ruled that the direct
6
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what the law always was . See Rivers v . Roadway Express , infra .
file his first § 2255 motion long past the one-year limitation
herein because counsel Robertson failed and did not advise Hall
April 24, 1996 . Hall did not know of these rights before counsel
has meant continuously since the date when it became law ." Id .,
7
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Congress ." Id .
stated only what the statute had meant since the date the statue
was enacted .
199 F .3d 1287, 1291-92 (11th Cir .), vacated and remanded, U .S .
_, 121 S .Ct . 336, 148 L .Ed .2d 207 (2000) ; United states v .
8
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Ground On e
denied equal protection and due process of the law via defective
charge an offense .
offense . See United States v . Gayton, 74 F .3d 545, 552 (5th Cir .
9
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Amendment .
standing alone can not substitute for failure to include all the
Fifth Amendment and the jury trial guarantees under The Sixth
10
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United States, 526 U .S .,, 119 S .Ct . 1215, 143 L .Ed .2d 311
(11th Cir . Sept . 29, 2000), the court stated that Apprendi
11
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The court added that another circuits have reached the same
conclusion . See United States ' v . Nordby, 67 CrL 755 (9th Cir .
(8th Cir . 2000) ; United States V . Rebmann , 67 CrL 731 (6th Cir .
12
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2 000) .
supervised release .
13
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1994, the Court denied that motion . On February 12, 1998, the
v . New Jersey, 120 S .Ct . 2348 92000) and United states v . Ropers,
14
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United States, 817 F .2d 635, 637-39 (10th Cir . 1987)(holding that
46, 56-57, 112 S .Ct . 466, 116 L .Ed .2d 371 (1991) . United States
only a general verdict was returned may not exceed the statutory
maximum for the drug carrying the lowest penalty . See United
States V. Dale , 178 F .3d 429, 432-34 (6th Cir . 1999) ; United
States v . Barnes, 158 F .3d 662, 666-69 (2nd Cir . 1998) ; see also
United States V . Bell, 154 F .3d 1205, 1209-12 (10th Cir . 1998) .
not a new one the Supreme Court in Edwards cites to the Second
15
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Ground Two
the lowest penalty? Hall claims and contends that the Court
16
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objected to the general verdict used in that case and had not
United States v . Cox, 957 F .2d 264, 465 (6th Cir . 1992) .
17
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S .Ct . 2348 (2000), Jones v . United States, 119 S .Ct . 1215 (1999),
L .Ed .2d 703 (1998) ; United States v . Riles, 142 F .3d 1234,
Apprendi that "any factor that increases that the maximum penalty
the district court must stay below the lower statutory maximum ."
See United States V . Riles, 142 F .3d 1254 (11th Cir . 1998) .
the sentencing court must stay below the lower statutory maximum .
Id . Riles, 142 F .3d 1254 (11th Cir . 1998) ; see also United States
18
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and cocaine base ("crack") . Count Four (4) and Count Five (5)
both alle ged possession with intent to distribute coc aine base,
as to Count one, the maximum term of impris onment is life and the
19
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Court's orders .
base, "crack" was used in this case ; which is not the drug
carrying the lower statutory penalty for the lowest drug in this
Hall further argues that because the jury in this case was
20
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dr ugs .
. . .'
district judge ." United States V. Thomas, 204 F .3d 381, 384
336, 148 L .Ed .2d 270 (2000) ; United States v . Jones, 194 F .3d
violated Apprendi) .
21
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then the district court must stay below the lower statutory
following :
group .
22
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offense (count 1), the counts for the obstruction offenses will
23
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142 F .3d 1254, 1256-57 (11th Cir . 1998), which held that where a
controlling .
enhancements .
plain in requiring that the indictment should also have set forth
issue before the jury for its determination and proved beyond a
24
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reasonable doubt .
199 F .3d 1287, 1291-92 (11th Cir .), vacated and remanded, U .S .
_, 121 S .Ct . 336, 148 L .Ed .2d 270 (2000) ; United States v .
Jones, 194 F .3d 1178, 1186 (10th Cir . 1999), vacated and
remanded, U .S ._, 120 S .Ct . 2739, 147 L .Ed .2d 1002 (2000) on
25
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Petitioner did not know at that stage anything about his right
and did not tell Petitioner about the procedural time limits for
Edwards, 118 S .Ct . 1475, 1477 and Riley, 142 F .3d 1254 (11th
Gir . 1998) .
26
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conducted of conspiracy?
in separate counts, when, in law and fact, only one crime has
27
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517 U .S . 456, 464, 116 S .Ct . 1480, 134 L .Ed .2d 687 (1996) ; see
section 841(a)(1) and 846 . The Court must agree that counts 4, 5
no . 5, 6 ; pg . 4, no . 7, 8, 9 and 10 .
Court, the Court could review for plan error . See Fed .R .Crim .P .
1544, 137 L .Ed .2d 718 (1997) . "[B]efore an appellate court can
(2) that is 'plain,' and (3) that 'affect[s] substantial rights .'
U .S . 725, 732, 113 S .Ct . 1770, 123 L .Ed .2d 508 (1993)) .
28
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States v . Dixon, 509 U .S . 688, 696, 113 S .Ct . 2849, 125 L .Ed .2d
556 91993)) . If so, the offenses "are not the same offense for
Chacko , 169 F .3d at 146 . If, however, either offense does not
case for Counts 1, 4, 5 and 15 are composed of and charge for the
manner, means, overt acts and the same conspiracy of Count One of
29
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cer t . denied sub nom ; Lle r ena-Ac osta v . United S t ates, 511 U .S .
paragraph 20 .
30
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or more participants .
and prior to the trial in this case and therefore should have
been set forth in the indictment and presented to the jury for
enhancement is unconstitutional .
31
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Id . at 251, n .ll .
3B1 .1(a) .
Role then how does the Court justify its discretion with 4
32
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under :
Julius Phillip Hall and others, both known and unknown, assumed
33
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at trial .
assuring Petit i one r' s so le cons titut ional due p r ocess right not
U . S . 44 3 , 44 6, 92 S .Ct . 5 8 9 , 59 1 , 3 0 L . Ed .2 d 5 9 2 ( 197 2) .
The Due Process Clause o f the Fifth and Fou r teenth Amendment
34
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doubt .
charge drug quantity and prove that fact to the jury beyond a
2366, n .21 .
35
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F .3d 381 , 3 84 ( 2000 ) (pe r cur iam) . Howeve r, the Su preme Cour t
vacated T homas, alon g with simi lar opin ions by other c i rcuits,
to the j ur y viola ted Apprendi) . Thu s , p lacing the aut h ority back
to the ju ry .
36
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Ex hibit B
50
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E xhibit B
51
•~
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~, 122 --
PRESENTENCE REPO RT
Identifyina Data
RE : HALL, Julius P . Pa ge 3
Related Cases
~
6 .. Hall then began conspiring with other individuals to possess
and distribute cocaine hydrochloride and cocaine base . -'"
Joseph "Jo-Jo" Williams related he distributed cocaine
hydrochloride and crack to Julius Hall on numerous occasions
in 1988 . Will iams stated he usually sold cocaine
hydrochloride to Julius Hall and on at least 3 separate
occasions in 1988 and 1989, Williams distributed 9 ounces
(for a total of 765 grams) of cocaine hydrochloride to
Julius Hall . Williams reported that Julius Hall quit
dealing with h i m in March or April of 1989, after Hall told
Williams he was being investigated by law enforcement
offic ials .
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 60 of 122
RE : HA IL , Julius P . Page 4
Counts -4 and 5
Units
46 . None .
47 . None .
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4 9 . None .
Pending C harges
50 . None .
C ustody
Supervised Relea se
Probation
RE : HALL , Julius P . Pa g e 10 ,
Statuto rv Provisions
Guideline Provisions
Exhibi t B
52
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JULIUS P . HAIL, et al ., )
Defendants . j
Part A
charges) . Thus, Hall did not distribute 170 grams of cocaine base
(crack) .
Defendant ."
Defendant Hall and Diana Mack which were admitted into evidence .
l
At most, the government was able to show approximately $13,50,0 .00
evidence proving that he had won substantially more than $13,500 .00
2
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crimes charged .
legal representation .
3
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CO NC LUSIO N
7
J l+
~
B ZGE:~
DAVI D RO B ERS
GEO RGI A BAR NO . 6 0 8043
A T T ORNE Y FO R JULI US P . HALL
P . O . Box 9 304
Savannah, G eorg i a 3141 2
( 912 ) 2 3 6- 3 605
4
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Sincerely,
Richard A . Long
Sr . U .S . Probation Officer
RAL/rdw
E nclos ure
r
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Exhib i t B
Prin t Name
Signatu re Dat e
ZI . No writt en obj ection (s) to ' the ma teria l information, sente nci nc
class ification, sente nc ing guideline rang es, and policy statement :
con tained in or omitted from the report is ( are) being submitted .
w
Ho ev er we do wish to ma ke the fo llowi ng po in ts whic h are attac hes
For the record .
Name
IZI . The attached objection(s) is(are) being made to the material information
sentencing classifications, sentencing guideline ranges, and/or poLic
statements contained in or omitted from the report :
David Roberso n
Prim astt~---~ / J
c . Opposing Counsel
This form will be provided to t he Court at the time the £resaxt enoe Report is c-
. : n 'TA AENE : NEITHER THIS FORM NOR ANY POINTS (XI) OR OBJECTIONS (III) W :~L:+
HONORED.(Revised
IF SUBMITTED
1 f? v "FAX ."
/GA Form 302 :
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RE : HALL, Julius
OB JECTIONS
By the Government
By the Defendant
Cert ified by :
Richard A . Long
Sr . U .S . Probation Officer
t
Exhibit C
D istr ict C ourt Judge ' s Two O rders Granti ng Reduction of Sen tence .
ORD E R
On October 11, 1991, Julius Phillip Hall was convicted by ajury on Counts 1, 4, 5, 10, 14,
and 15 of the Indictment charging him with conspiracy to possess with intent to distribute controlled
substances (Count 1), interstate travel (Counts 4 and 5), obstruction of justice (Count 10), false
dec larations before a Federal Grand Jury ( Count 1 4), and money laund ering (Count IS) . On
December 6, 1991, this Court s entenced the Defendant to serve a term of life as to Count 1 ; sixty
(60) months as to Counts 4, 5, 10, and 14 ; and 240 (two hundred forty) months as to Count 15, all
to be served concurrently.
On November 23, 1992, the Government filed a motion pursuant to the Federal Rules of
Criminal Procedure, Rule 35(b), requesting a reduction in the Defendant's sentence based on
substantial assistance rendered. However, on May 18, 1994, this Court denied that motion .
On February 12, 1998, th e Government again filed a motion pursuant to the Federal Rules
of Criminal Procedure, Rule 35(b), requesting a r eduction in the Defendant's sentence based on
The Court notes the Defendant was a police officer with the C ity of Sa vannah whil e he was
the leader of a large crac k cocaine d istribution ring in Savannah, Georgia. The Court further notes
that the Defendant committed perjury before a Federal Grand Jury and dur ing the trial of this cas e.
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 82 of 122
The Court has examined the Government's motion and concludes the Defendant provided
substantial assistance in several cases in the Southern District of Georgia, most notably the "Broken
Oath " case involving numerous corrupt police officers in the Savannah area. The Court believes the
sentence of life imprisonment imposed on Count I of the Defendant's Indictm ent should be reduced ;
however, the Court cannot and will not overlook the Defendant's past cri minal conduct and his
commission of perjury during his trial . As such, th e Government's motion is GRANTED , and the
Court reduces the sentence imposed as to Count 1 of the Defendant's Indictment to a term of 340
(three hundred forty) months, to be served concurrently with the sentences imposed on Counts 4, 5,
B: AVAM EDEN]
UNITED STATES TRICT JUDGE
FOR Tf E SOUTFD DISTRICT OF GEORGIA
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 83 of 122
.. . _ ~. ~.
SOUTHER N DISTRICT OF G EORGIA SAVANNAH UI V
SAVANNAH DIVISION
~E8 ~ S 36 Q~ ~ Sg
ORD E R
The Defendant has filed a Motio n with the Court, pursuant to 18 U.S.C., Section 3582(c)(2)
The Court, in an Order dated January 1 7, 1996, denied 'a motion filed by the Defendant
pursuant to 18 U.S.C, Section 3582(c), asking for a recalculation of his guide lines based on a
retroactive amendment to the Sentencing Guidelines regarding the upper limit of the drug quantity
table at U.S.S .G., Section 2D1 .1 . Further, in a n Order dated April 13, 1 998, the Court reduced a
sentence of life imprisonment imposed on Count I of the Defendant's Indictment to 340 months.
The Court has not been unmindful of the Motion for Reconsideration filed by t he Defendant
on June 1, 1998 , but a thorough review of his assistance was in order . As such, the Court is
uncertain whether a further reduction is warranted. However it has, after extended review ,
Ce+u t . ~~ 9
A~
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 84 of 122
v. , - .
to 300 months . All other terms and condition s of the original sentence are to remain in full force.
S. AVANVEDEN]
UNITED STATES
FOR TfESOiJTH DISTRICT OF GEORGIA
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 85 of 122
Exhibit D
l
vs . J Case No . CR 491 -00111 - 002
I
UNITED ST A TES OF AME RICA, ]
Appellee/Respo n dent . ]
State of Alabama ]
] SS : Affidavit
County of Talladega
and under the penalty of perjury that the foregoing is true and
' That same week Affiant spoke with his appellate counsel (Mr .
not hear my case and the appellate counsel stated further that
Supreme Court .
49
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 87 of 122
was a bad idea and waste of time . He then stated that he was not
Circuit, and he was not going to waste his time and his o f fice
relief was to wor k w ith the gove rnment and provide the government
procedur a l law .
A ffiant Hall avers that appellate cou n sel Roberso n 's bad
advic e or erro neous advice left me with the impr ession in mine
S upreme Court .
waived by the 1 1th Circuit Court of Ap pe als nor app ellate counse l
50
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 88 of 122
Ju is P . Hall, A f f iant
..
61
51
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 89 of 122
4:10,
This, the 2 (p day of July, 2001 .
?
QLJJtQ-Q .
J i s P . Hall, Affiant
-52 -
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 90 of 122
Ce rt i f ica t e o f Se r vice
United States
Chief District Court
B . Avant Edenfield
U .S . Southern District Court
o f Georgi a , Savannah Divi s i o n
Assistant U .S . Attorney
Thomas A . Withers
P .O . Box 8999
Savannah, GA 31412
44~
S o e xecut e d o n thi s , the ~k of July, 2 001 .
?
J us P . Hall
Movant, Pro Se
Reg . No . 07594-085 3
PMB 1000 l
Talladega, AL 35160
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 91 of 122
Petitioner did not know anything about his right under law as to
2255 because counsel abondoned him without notice and did hot
or 2255 .
Ground Five
37
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 92 of 122
defense .
38
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 93 of 122
presumed . Stono v . Dugger, 921 F .2d 1125, 1152 (11th Cir . 1991)
105 S .Ct . 830 (1985), the Supreme Court held that the Due Process
and appellate counsel . People v . Bowen, 791 F .2d 861 (11th Cir .)
cert . denied U .S .^, 107 S .Ct . 597, 93 L .Ed .2d 597 (1986) .
1995)(If the defendant told his lawyer to appeal, and the lawyer
39
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 94 of 122
appeal perfect, and did not follow the Eleventh Circuit Court of
defective indictment, which did not allege drug quantity and rug
40
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 95 of 122
appealing to the United States Supreme Court the fact that the
41
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 96 of 122
denial that the District Court did improperly apply the four
presumed . Stano V . Dugger, 921 F .2d 1125, 1152 (11th Cir . 1991)
been shown and established from the acts and omissions of Counsel
42
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 97 of 122
Hall argues that his case indeed falls within the criteria
errors or omissions .
43
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 98 of 122
[un]justified .
under Ground Five, had it not been for the complete denial of
onver the lower statutory maximum penalty for the drug carrying
44
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 99 of 122
counsel) .
45
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 100 of 122
Cir . 199tr)(en banc) ; Futch v . Dugger, 874 F .2d 1483, 1485 (11th
(19631 .
forth a v a lid claim . Agan v . Dugger , 835 F .2d 1337, 1338 (11th
Cir . 1987) .
Evidentiary Hearing into this matter so that the govern ment and
Hall can- re solve the issues and claims set-forth herein this
46
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 101 of 122
miscarriage of . . . Justice . . . .
Conclusion
Jones, the Appel lant Hal l's sentenc e has been unconstitutionally
reduces to a now 300 months exc eeds the lowest statu t o ry maximum
exc eeds t he statutory max imum for t he drug ca rrying the lo wes t
47
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 102 of 122
Respectfully submitted,
~ I .
srul,ius P . Hall
g . No . 07594 - 085
PMB 1000 B eta A
Talladega, Al 35160
48
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Ex h ib it A : Indictment - CR 49 1 - 00 11 1 -002
49
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Filed in office
UNITED STATES DISTRICT COURT FOR THE
CR
V.
VIO : 21 .U .S .C . 5 846
HERBERT NATHANIEL JOHNSON CO NS PIRAC Y TO POSSESS W ITH
A/K/A "NAY", A/K/A "NA= I N T ENT TO D I STR I B UTE AND
JULIUS PHILLIP HALL DIST RIB UTION O F CONTROLLED
JAMES WILLIS SAGET SUBSTANCES
CECELIA COOK STROBERT
LAMAR ROBERSON, 21 U .S .C . 5 841(a)(1)
A/EC/A "LAMAR ROBINSON" POSSESSION WITH INTENT TO
JOHNNY JAMES HALL, DISTRIBUTE AND
A/K/A "JOHNNY RED" DISTRIBUTION
18 U .S .C . § 1952
INTERSTATE TRAVEL
18 U .S .C . § 1956(a)(1)
MONEY LAUNDERING
18 U .S .C . 5 1623
FALSE DECLARATIONS BEFORE
FEDERAL GRAND JURY
18 U .S .C . § 1503
OBSTRUCTION OF JUSTICE
18 U .S .C . 5 2
AIDING A ND ABETTING
COUNT ONE
J
04
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 105 of 122
con spire, con federate and agree together and w ith each other to
knowi ngly and inte ntion ally possess with intent to distribute
841 ( a )( 1 ) .
2
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 106 of 122
Georgia .
JOHNSON, and others both known and unkno wn, beginning at an exact
date u nknown to the Grand Jury but belie ved to be February, 1988 .
beginning at an exact date unknown to the Grand Jury but bel iev e d
It was further an obj ect of the consp iracy that var ious
co nspirators wou ld conceal the exi stenc e of the unl aw ful scheme
"crack ."
res ponsibility .
3
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 107 of 122
and o t hers, both known and unknown, assume d manager ial role s ,
distribution .
known and unknown, needed cocaine they would call CECELIA COOK -'
4
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 108 of 122
cocaine base, " crack " to CECEILA COOK STROBERT, . who would
faciliti e s .
control the money made from the sale of cocaine base, "crack ."
JULIUS PHILLIP HALL part of the profits made from the sale of
JAMES WILLIS SAGET, CECELIA COOK STROBERT, and CALVIN MORRIS with
JULIUS HALL
CALVIN MORRIS
HERBERT NATHANIEL JOHNSON
0
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 109 of 122
needed c oc a ine fo r dis tribut ion, they would c all the beeper
number for
They would then place into the beeper a code E ach conspirator
would first put in the identification number, then the code for
delivery, and a code to show the time for de livery . CECELIA C OOK
bas e , " crack ", by JULIUS HALL and others and by r equesting that a
OVERT ACTS
Georgia JOHNNY JAMES HALL knowingly and intenti onal ly dis tributed
6
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PHILLIP HALL and CALVIN MORRIS to obtain $12,000 .00 in cash from
7
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Savan nah, Geo rgia , HERB ERT NATHANIEL JOHNSON knowing ly and
Grand Juror s itting on the Unit ed States Grand Jury for the
8
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that investigation .
Substance .
9
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United States C ode, Sectio n 2 and T i tle 21, United State s Code ,
Section 8 4 6 .
COUNT TWO
aided and abetted by o thers, known a nd unknown, did kno wingly and
viol ation of Title 18, United States Code, Section 2 and Title
COUNT THREE
a ided and abetted by other s , known and unknown, did knowingly and
COUNT FOUR
10
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COUNT FIVE
11
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United States Code, Sections 841 ( a ) (1) and 846 and thereafter d id
de liver to
Section 1952(a)(3) .
COUNT SIX
defendant,
aided and abetted by others , k nown and unkno wn, did knowingly and
COUNT SEVEN I
defendant,
12
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 116 of 122
aided and abetted by others, known and unknown, did knowingly and
v iolat ion of Title 18, Un ited States Code, S ectio n 2 and Title
COUNT E IGHT
defendan t ,
aided and abetted by others, known and unknown, did knowingly and
COUNT NINE
defendant,
aided and abetted by others, known and unknown, did knowingly and
13
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 117 of 122
COUNT TEN
the defendants,
and others .
14
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C OUNT ELEVEN
defendants,
aided and abetted by each other did kno wingly and intentionall y
COUNT TWELVE
LAMAR ROBERSON
aided and abetted by others, known and unknown, did knowingly and
15
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 119 of 122
COU NT THIRTE EN
County, Geo rgia, within the Southern Distr ict o f Georgia, the
defendants,
Sec t ion 2 and Ti tl e 2 1, Unite d S tate s Code , Sect ion 841 ( a )(1) .
COUNT FOURTEEN
16
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 120 of 122
Title 21, United States Code, Section 841 and 846 had been
determine whether
to ques tions with respect to the material matter set forth above
as follows :
A . To my personal knowledge, no .
A. Not Mr . Morris, no . .
17
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 121 of 122
A. No t t o my k no w ledge . .
A . Never .
then well knew and believed was false, all done in violation of
COUNT FIFTEEN
Georgia,
18
Case 4:01-cv-00183-BAE Document 1 Filed 08/06/01 Page 122 of 122
ba se, " crack", done in v i ola tio n o f T itl e 18, Un i ted St ates Code,
Section 1956(a)(1)(B)(i} .. `
rue Silli
c-GC
oreperson
q
HINTON R . PIERCE
UNITED STATES ATTORNEY
Thomas A . Withers
Assistant United States Attorney
19