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Blackmon v. United States

United States District Court, D. New Jersey

April 11, 2019

DANNY L. BLACKMON, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          Danny Blackmon, Petitioner pro se, Federal Correctional Institution, Inmate Mail/Parcels.

          OPINION

          JEROME B. SIMANDLE U.S. DISTRICT JUDGE.

         I. INTRODUCTION

         Petitioner Danny L. Blackmon, a federal prisoner confined at FCI Fort Dix, New Jersey, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. [Docket Entry 1]. He has also moved for discovery, [Docket Entry 2], and for the appointment of counsel, [Docket Entry 3]. Petitioner argues there is “newly discovered evidence” that he was mentally incompetent to stand trial. [Docket Entry 1 ¶¶ 2-3]. He states that his subsequent trial and conviction violated his due process rights as a result. [Id. ¶ 6].

         For the reasons expressed below, the Court will dismiss the petition for lack of jurisdiction and terminate the motions.

         II. BACKGROUND

         On August 13, 2003, a grand jury sitting in the Eastern District of North Carolina issued an indictment against Petitioner charging him with kidnapping his wife from within Camp Lejeune Marine Corps base, 18 U.S.C. § 1201; and four counts of aggravated sexual abuse, 18 U.S.C. § 2241(a)(1).

         [Docket Entry 1 at 6; Docket Entry 1-1 at 6-8]. In a trial that began on April 5, 2004, Petitioner was convicted of kidnapping and acquitted of the sexual abuse charges at trial. United States v. Blackmon, No. 03-cr-00077 (E.D. N.C. Dec. 14, 2004). [1] The district court imposed a 365-month sentence on December 14, 2004. [Judgment of Conviction, Blackmon, No. 03-cr-00077 (E.D. N.C. Dec. 14, 2004), Docket Entry 79]. The United States Court of Appeals for the Fourth Circuit upheld his conviction and sentence. [Docket Entry 1 at 7]. See also United States v. Blackmon, 209 Fed.Appx. 321, 323 (4th Cir. 2006) (per curiam), cert. denied, 549 U.S. 1358 (2007).

         Petitioner filed a motion to correct, vacate, or set aside his federal sentence under 28 U.S.C. § 2255 on April 24, 2007 in the United States District Court for the Eastern District of North Carolina. [Docket Entry 1 at 7]. See also Blackmon v. United States, No. 07-0126 (E.D. N.C. Dec. 28, 2007). The district court denied the motion, and the Fourth Circuit denied a certificate of appealability. [Docket Entry 1 at 7]. See also United States v. Blackmon, 275 Fed.Appx. 188 (4th Cir. 2008) (per curiam).

         Nine years later, in July 2017, Petitioner filed an institutional remedy within Fort Dix to correct allegedly incorrect information contained within his Public Information Inmate Data. [Docket Entry 1 at 8; Docket Entry 1-1 at 3]. According to Petitioner, the data report referenced a statutory rape charge even though he had never been charged with statutory rape and had been acquitted of all the sexual abuse charges at trial. [Docket Entry 1-1 at 2]. The warden denied Petitioner's request on August 17, 2017, stating:

A review of your case reveals on December 14, 2004, you were sentenced to a term of 365-months for Kidnaping.[sic] Prior to trial, on October 02, 2003, you were committed to FCC Butner for 30 days to determine if you were mentally competent for trial. One of the charged offenses at that time was Statutory Rape, and that charge was entered under “Offense/Charge” in order to document your designation to the Bureau of Prisons for the 18 U.S.C. § 4241 competency determination. This does not represent a conviction. Because you were solely found guilty and sentenced for Kidnapping, the Public Information Inmate Data reflects the conviction of Kidnapping.

[Id. at 4]. Petitioner appealed to the BOP Regional Director, M.D. Carvajal. [Id. at 9]. Director Carvajal denied the appeal and stated in relevant part:

In addition, your Public Information Data reflects that on September 24, 2003 the United States District Court for the Eastern District of North Carolina ordered your hospitalization in accordance with 18 U.S.C. §§ 4241 thru 4245, for a competency evaluation. As a result of the subsequent court-ordered evaluations, you were determined to be mentally incompetent to stand trial.

         [Id. at 9]. Petitioner wrote to the Central Office of the BOP and requested a copy of his court-ordered evaluation. [Id. at 10]. The Central Office upheld the denial of Petitioner's request to have his Public Information Inmate Data report changed and told Petitioner to ...


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