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Danielson v. United States

United States District Court, D. Hawaii

July 7, 2016

ROGUSSIA ALLEN DANIELSON, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent. Cv. No. 16-00364 DKW-KSC

          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.

         On June 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.

         BACKGROUND

         I. Charges, Plea and Sentencing

         The 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).

         At his 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 indictment?
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).

         More 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 ...

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