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Coppin v. United States

United States District Court, N.D. Texas, Dallas Division

March 1, 2018

MOSES COPPIN, ID # 38660-177, Movant,
v.
UNITED STATES OF AMERICA, Respondent.

          MEMORANDUM OPINION AND ORDER

          ED KINKEADE, UNITED STATES DISTRICT JUDGE

         Before the Court is Moses Coppin's (Movant) motion to vacate, set-aside, or correct sentence pursuant 28 U.S.C. § 2255. For the following reasons, the Court denies the motion with prejudice as barred by the statute of limitations.

         I. BACKGROUND

         Coppin was charged by second superseding indictment with conspiracy to obstruct justice through evidence concealment in violation of 18 U.S.C. § 1512(b)(2)(B), (k) (Count One); aiding and abetting obstruction of justice through evidence concealment in violation of 18 U.S.C. §§ 1512(b)(2)(B), (c)(1), and 2 (Count Two); and felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) (Count Four). (Doc. 50.) Unless otherwise indicated, all document numbers refer to the docket number assigned in the underlying criminal action, 3:10-CR-345-K(1). He pled not guilty, and a jury convicted him of all counts. (Doc. 88.) He was sentenced to 240 months' imprisonment for Counts One and Two to be served concurrently, and 120 month's imprisonment for Count Four to be served consecutively to the sentences for Counts One and Two, for a total aggregate term of 360 months' imprisonment. (Doc. 109.) On appeal, the conviction for Count One was vacated, and the case was remanded for resentencing. (Doc. 153); United States v. Coppin, No. 12-10586 (5th Cir. June 2, 2014). Coppin was then sentenced to 240 months' imprisonment for Count Two and 120 months' imprisonment for Count Four to be served consecutively to the sentence for Count Two, for a total aggregate term of 360 months' imprisonment. (Doc. 159.)

         Coppin raises the following grounds in his motion to vacate and amended motions to vacate:

(1) The Court lacked subject matter jurisdiction and was not constitutionally authorized to preside over his criminal proceedings, so the criminal case should have been dismissed.
(3) The Court improperly charged the jury regarding Count Two;
(4) The indictment did not include the corrupt concealment language of the statute, so his conviction was unconstitutional, and the Court constructively amended the indictment.
(5) The government violated due process by allowing its witness to testify falsely.
(6) He received ineffective assistance of trial and appellate counsel because they did not raise any of the above-stated arguments;
(7) The docket sheet shows that the sentences are consecutive, but the judgment does not state that the sentences are consecutive;
(8) The restitution order is invalid, because it is based on a residual clause in the restitution statute that is unconstitutionally vague in light of Johnson v. United States, 135 S.Ct. 2551 (2015);
(9) His sentence was based on sentencing guidelines that included an unconstitutionally ...

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