Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Goguen

United States District Court, D. Maine

August 30, 2018

UNITED STATES OF AMERICA
v.
ROBERT FREDERICK GOGUEN

          ORDER OVERRULING OBJECTION TO MAGISTRATE JUDGE'S ORDER DENYING MOTION FOR TRANSCRIPTS AND DISCOVERY

          JOHN A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE

         The Court affirms the Magistrate Judge's Order, denying in large part a habeas corpus Petitioner's request for discovery on the ground that the habeas corpus petition appears to be barred by the one-year limitations period under 28 U.S.C. § 2255(f) and therefore there is no good cause for allowing discovery, much less the extensive discovery the Petitioner is requesting.

         I. BACKGROUND

         A. United States v. Robert Goguen - 1:11-cr-00003-JAW

         On January 12, 2011, a federal grand jury indicted Robert Frederick Goguen for failure to register as a sex offender. Indictment (ECF No. 1), 1:11-cr-00003-JAW. On July 13, 2011, Mr. Goguen admitted that he committed the charged crime, Min. Entry (ECF No. 43), and on September 14, 2012, the Court sentenced Mr. Goguen to thirty-seven months of incarceration, three years of supervised release, a $100 special assessment and no fine. J. (ECF No. 81); Am. J. (ECF No. 90). Mr. Goguen did not appeal his conviction or sentence to the Court of Appeals for the First Circuit.

         On August 16, 2013, the Government filed a petition on supervised release, alleging a violation of one of the conditions of his supervised release. Pet. for Warrant or Summons for Offender under Supervision (ECF No. 96). On September 23, 2013, Mr. Goguen admitted the violation and the Court sentenced him to five months of incarceration and thirty-one months of supervised release. Revocation J. (ECF No. 113). Mr. Goguen appealed this revocation judgment to the Court of Appeals for the First Circuit and on October 9, 2014, the First Circuit affirmed the judgment. J. of Court of Appeals for the First Circuit (ECF No. 142).

         On November 13, 2015, the Government filed a second petition on supervised release, alleging violations of two of the conditions of his supervised release. Pet. for Warrant or Summons for Offender under Supervision (ECF No. 144). This petition has been the subject of multiple motions. See Order on Mem. in Opp'n to the Gov't's Req. to Apply the Penalty Ranges under 18 U.S.C. § 3583(k) (ECF No. 170); Recommended Decision on Mot. to Suppress (ECF No. 186); Order Affirming the Recommended Decision of the Magistrate Judge (ECF No. 190). It remains unresolved.

         B. Robert Goguen v. United States - 17-cv-00492-JAW

         Meanwhile, on December 15, 2017, Mr. Goguen filed a pro se motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. Mot. to Vacate, Set Aside or Correct Sentence (ECF No. 194). On December 21, 2017, the Magistrate Judge ordered Mr. Goguen to file his § 2255 motion on a proper form, Order to File Mot. to Vacate, Set Aside or Correct Sentence on Proper Form (ECF No. 195). On December 29, 2017, Mr. Goguen filed additional paperwork in support of his challenge to his original sentence, his first revocation, and the decision on his appeal. Supplement to Mot. to Vacate, Set Aside or Correct Sentence (ECF No. 199). On January 26, 2018, the Magistrate Judge ordered the Government to respond to Mr. Goguen's 28 U.S.C. § 2255 motion. Order to Answer (ECF No. 201). After Mr. Goguen amended his § 2255 motion, the Government answered and moved to dismiss his motion on March 26, 2018. Gov't's Mot. to Summarily Dismiss Pet'r's § 2255 Pet., Resp. to § 2255 Pet., and Resp. to Pet'r's Disc. Filing (ECF No. 220). On April 20, 2018, Mr. Goguen filed a reply to the Government's response. Reply to Gov't's Resp. to 2255 (ECF No. 227).[1]

         C. The Pending Objection

         Following the filing of Mr. Goguen's § 2255 petition, he filed a number of motions requesting that the Court appoint counsel, that the Court require the Government to pay for transcripts, that the Court allow discovery, or that the Court order payment of certain expenses that he incurred while pursuing his claims for legal relief. These motions have been largely unsuccessful. Order on Mot. to Appoint Counsel (ECF No. 206); Order Denying Mot. for Funds (ECF No. 211); Order Denying Mot. for Recons. (ECF No. 212); Order (ECF No. 213); Order Overruling Objection to Magistrate Judge's Order (ECF No. 224); Order Denying Mot. for Recons. (ECF No. 230); Order on Pending Mot. for Trs. and Mot. for Disc. (ECF No. 240) (Order on Pending Mot.).

         The last order of the Magistrate Judge is now before the Court.

         D. The Motions, the Order, and the Objection

         1. Robert ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.