United States District Court, D. Minnesota
Oneal Woods, pro se.
Ana H. Voss, Assistant United States Attorney, United States Attorney's Office, Minneapolis, MN, on behalf of Respondent.
MEMORANDUM OPINION AND ORDER
ANN D. MONTGOMERY, District Judge.
This matter is before the undersigned United States District Judge for consideration of Oneal Woods's ("Woods") Retroactive Amendment to the Objection [Docket No. 5] ("Amended Objections") to Magistrate Judge Hildy Bowbeer's March 6, 2015 Report and Recommendation [Docket No. 3] ("R&R"), Motion for Summary Judgment [Docket No. 8], and Motion for Default Judgment [Docket No. 11]. Judge Bowbeer recommends that Woods's Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241[Docket No. 1] ("2241 Petition") be summarily dismissed. After a thorough de novo review of the record and for the reasons stated below, the R&R is adopted and Woods's Summary Judgment and Default Judgment Motions are denied as moot.
In 1995, Woods was indicted in the Eastern District of Wisconsin on one count of knowingly and intentionally possessing cocaine base with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). R&R at 2; See United States v. Woods, 2:95-CR-00187-JPS-1 (E.D. Wis. Indictment filed Nov. 7, 1995) ("Woods I").
A week later, Woods was again indicted in the Eastern District of Wisconsin on two counts: (1) bank robbery in violation of 18 U.S.C. § 2113(a) and (d); and (2) knowingly using and carrying a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c)(1). R&R at 2; See United States v. Woods, 2:95-CR-00194-RTR-4 (E.D. Wis. Indictment filed Nov. 14, 1995) ("Woods II"). Woods was convicted by a jury in Woods I and pled guilty to the counts in Woods II.
Shortly thereafter, Woods moved to withdraw his guilty pleas in Woods II. On April 11, 1996, Judge Joseph Stadtmueller granted Woods's request to withdraw his guilty pleas in Woods II and sentenced Woods to 175 months imprisonment for the drug possession conviction in Woods I. Pet. [Docket No. 1] Ex. 1. Woods appealed his conviction in Woods I to the Seventh Circuit, arguing that the District Court erred in failing to suppress certain evidence. The Seventh Circuit upheld the judgment. See United States v. Woods, 99 F.3d 1142 (7th Cir. 1996) (unpublished opinion).
Judge Stadtmueller later recused from Woods II and the case was reassigned to Judge Rudolph T. Randa for trial. A jury found Woods guilty in aiding and abetting the bank robbery and use of a firearm during the course of the robbery. Judge Randa imposed a 110-month sentence of imprisonment for the bank robbery count and a 60-month consecutive term of imprisonment for the firearm count. Judge Randa also ordered that the entire 170-month sentence for Woods II should be served consecutively to the 175-month term of imprisonment in Woods I for drug possession. The Seventh Circuit again affirmed the conviction. See United States v. Woods, 148 F.3d 843 (7th Cir. 1998).
As noted by Judge Bowbeer, "[o]ver the past two decades, Woods has unleashed a whirlwind of litigation in the federal courts challenging the validity of the judgments entered in those cases." R&R at 3. The R&R provides a detailed overview of this litigation which is incorporated here by reference. Woods has filed at least two § 2255 motions in both Woods I and Woods II and has additionally filed numerous other § 2255 and § 2241 actions in the Eastern District of Wisconsin, Central District of Illinois, and Northern District of Ohio.
Woods was recently transferred to a correctional institution within the District of Minnesota and has now filed the instant § 2241 habeas petition. Woods's arguments are somewhat challenging to comprehend. Consistent with Judge Bowbeer's understanding, Woods raises two grounds for relief in the present petition. First, Woods asserts that because his plea agreement for the bank robbery and firearm counts in Woods II was set aside, the subsequent conviction in Woods II for these counts violates the Fifth Amendment's Double Jeopardy Clause. Second, Woods maintains that the 175-month sentence imposed by Judge Stadtmueller in Woods I was in fact a sentence for the convictions on all three counts in Woods I and Woods II and therefore any incarceration exceeding 175-months is improper.
A. Standard of ...