United States District Court, D. Hawaii
ORDER DENYING MOTION TO VACATE, SET ASIDE, OR CORRECT
SENTENCE UNDER 28 U.S.C. § 2255 ORDER
DENYING MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE
UNDER 28 U.S.C. § 2255
Derrick K. Watson United States District Judge.
27, 2016, Petitioner Rogussia Allen Danielson, proceeding
pro se, filed a Motion Under 28 U.S.C. § 2255
to Vacate, Set Aside, or Correct Sentence (“Second
Section 2255 Motion”). Danielson previously filed a
petition pursuant to Section 2255 challenging his conviction
based upon the Supreme Court’s decisions in Johnson
v. United States, 135 S.Ct. 2551 (2015), and
Descamps v. United States, 133 S.Ct. 2276 (2013),
which the Court denied on the merits and is pending appeal
before the Ninth Circuit. See Dkt. Nos. 87, 96, and
97. Because Danielson’s Second Section 2255 Motion is a
“second or successive” petition that requires
Section 2255(h) certification before this Court may assert
jurisdiction, it is DENIED without prejudice.
Charges, Plea and Sentencing
August 20, 2014 Indictment charged Danielson and co-defendant
Marcus Watson, in part, with a May 30, 2014 bank robbery, in
violation of 18 U.S.C. §§ 2113(a) and (d) (Count
5). The Indictment also charged both individuals in separate
counts for brandishing a firearm during a crime of violence,
in violation of Section 924(c)(1)(A)(ii) - Watson was charged
in Count 6 and Danielson was charged in Count 7. The
predicate “crime of violence” underlying the
Section 924(c) charge was the May 30, 2014 armed bank robbery
of the American Savings Bank branch charged in Count 5.
Counts 6 and 7 allege that Watson and Danielson,
respectively, “brandished, used, and carried a firearm,
namely, a handgun, during and in relation to, and possessed
that firearm in furtherance of, a crime of violence, namely,
bank robbery, in violation of [Section] 2113(a) and (d), as
charged in Count 5 and, in doing so, brandished that
firearm.” See Dkt. No. 26 (Indictment).
December 10, 2014 change of plea hearing, Danielson pled
guilty to all of the offenses charged against him in the
Indictment, responding to the Court’s inquiry regarding
his conduct as follows:
THE COURT: In your own words, Mr. Danielson, would you please
set forth and describe what you did that makes you guilty of
counts 2, 4, 6 -- excuse me -- 2, 4, 5 and 7 of the
THE DEFENDANT: I robbed two banks with -- I brandished guns
inside. As we took the money, we left.
12/10/14 Tr. at 20 (Dkt. No. 91-2).
specifically, Danielson engaged in the following colloquy
with the Court regarding Count 5:
THE COURT: All right. My understanding is also, in May of
2014, you had an agreement, again with your co-defendant
Marcus Watson and this time also with another individual
named AJ Williander, to rob a different branch of American
Savings Bank, this time the Pearlridge branch located on
Kamehameha Highway in Aiea. Is that also correct?
THE DEFENDANT: Yes, sir.
THE COURT: And on May 30th of this year, you, along with your
co-defendant Mr. Watson, entered that bank branch and once
again brandished this time handguns, demanding again ...