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Savageau v. Hazlewood

United States District Court, D. New Hampshire

March 20, 2019

Vincent Savageau
v.
Robert Hazlewood, Warden, Federal Correctional Institution, Berlin, New Hampshire

          Vincent Savageau, pro se

          Seth R. Aframe, Esq.

          ORDER

          Landya B. McCafferty United States District Judge

         Vincent Savageau, currently an inmate at the Federal Correctional Institution ("FCI") McKean in Pennsylvania, filed this petition (doc. no. 1) for a writ of habeas corpus under 28 U.S.C. § 2241, while he was an inmate at FCI Berlin in New Hampshire. Before the court is the respondent Warden's motion to dismiss (doc. no. 7), to which Savageau objected (doc. no. 9). Savageau filed two further documents (doc. nos. 8, 10), which this court deems to be addenda to the petition, which this court may screen to determine whether the claims in those addenda are facially valid. See LR 4.3(d)(4)(A); Rule 4 of the Rules Governing Section 2254 Cases ("§ 2254 Rules") (judge may screen and then dismiss petition sua sponte if it plainly appears on its face that petitioner is not entitled to relief); see also § 2254 Rule 1(b) (§ 2254 Rules may apply to § 2241 petitions).

         Background

         At all relevant times, Savageau had the following convictions for Massachusetts felonies, dating from 2002-2003: one for unarmed assault with intent to rob, see Mass. Gen. Laws ch. 265 § 20, one for assault and battery, see Mass. Gen. Laws ch. 265 § 13(a), and two for possession of cocaine with intent to distribute (hereinafter "Springfield cocaine convictions"), in violation of Mass. Gen. Laws ch. 94C § 32A(a) and Mass. Gen. Laws ch. 94C § 32C(a). See Commonwealth v. Savageau, No. 0279CR00737 (Mass. Super. Ct., Hampden Cnty., filed Sept. 19, 2002)[1]; Commonwealth v. Savageau, No. 0223CR009113 (Mass. Dist. Ct., Springfield, filed Aug. 22, 2002); Commonwealth v. Savageau, No. 0223CR002371 (Mass. Dist. Ct., Springfield, filed Feb. 28, 2002).

         The procedural history in Savageau's subsequently filed federal criminal case, United States v. Savageau, No. 1:06-cr- 00092 (S.D. Ga.) ("Criminal Case"), which related to armed bank robberies that occurred in Georgia in April 2006, has been described as follows:

On September 28, 2006, Petitioner [Savageau] pled guilty to one count of conspiracy to rob commercial businesses, in violation of 18 U.S.C. § 1951; two counts of armed bank robbery, in violation of 18 U.S.C. §§ 2113(a) & (d); and one count of brandishing a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(ii).... Petitioner [was sentenced] to serve concurrent 164-month terms of imprisonment on the conspiracy and armed robbery counts, and to serve a consecutive 84-month term of imprisonment on the firearm count; a judgment was entered on September 26, 2007. Because he had three prior convictions - two for possession with intent to distribute cocaine and one for assault - the range for [Savageau's] sentence under the United States Sentencing Guidelines ["Guidelines"] was longer than it would have been without the prior convictions.
Petitioner's appointed counsel filed a notice of appeal, following which he filed an appellate brief pursuant to Anders v. California, 386 U.S. 738 (1967), asserting that there were no arguable issues of merit on appeal. The Eleventh Circuit agreed and affirmed Petitioner's convictions and sentences on September 17, 2008. United States v. Savageau, 292 Fed.Appx. 895 (11th Cir. 2008) (per curiam).

Savageau v. United States, No. 1:12-cv-00016-WTM-WLB ("2255 Motion"), 2012 U.S. Dist. LEXIS 24920, at *1-*3, 2012 WL 630052, at *1 (S.D. Ga. Feb. 7, 2012) (footnote and citations omitted), R&R adopted, No. 1:12-cv-00016-WTM-WLB, 2012 U.S. Dist. LEXIS 24902, 2012 WL 629110 (S.D. Ga. Feb. 27, 2012).

         Savageau asserts that the Presentence Investigation Report ("PSR") in his federal criminal case recommended that he be sentenced as a career offender under U.S.S.G. § 4B1.1, upon the finding in the PSR that his two Springfield cocaine convictions were "controlled substance offenses" and his Massachusetts assault with intent to rob was a "crime of violence" under U.S.S.G. § 4B1.2. See Pet. (Doc. no. 1), at 13, 14. Savageau asserts that the court in his federal criminal case applied the career offender Guidelines range in sentencing him, although he asserts his state sentences for those convictions were imposed on the same date. Id. at 17.

         Savageau filed a pro se motion seeking relief under 28 U.S.C. § 2255 in the Southern District of Georgia in 2011, claiming that his state court convictions resulted from ineffective assistance of counsel in those cases. The court in Savageau's federal criminal case denied the motion as barred by the statute of limitations and declined to issue a certificate of appealability. See 2255 Motion, 2012 WL 629110, at *1, 2012 U.S. Dist. LEXIS 24902, at *1 (adopting Feb. 7, 2012 R&R, 2012 U.S. Dist. LEXIS 24920, 2012 WL 630052).

         In the instant § 2241 petition and its addenda, Savageau asserts claims challenging the calculations underlying his 164-month concurrent sentences on the conspiracy and armed bank robbery convictions, and his consecutive 84-month sentence for brandishing a firearm under 18 U.S.C. § 924(c), as follows:

1. Citing Mathis v. United States, 136 S.Ct. 2243 (2016), Savageau claims that his prior convictions did not qualify him as a ...

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