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Goguen v. United States

United States District Court, D. Maine

September 28, 2018

ROBERT FREDERICK GOGUEN, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent

          RECOMMENDED DECISION ON 28 U.S.C. § 2255 MOTION

          JOHN C. NIVISON U.S. MAGISTRATE JUDGE

         In this action, Petitioner Robert Frederick Goguen moves, pursuant to 28 U.S.C § 2255, to vacate, set aside or correct his sentence. (Motion, ECF No. 194.) Following a guilty plea, Petitioner was convicted of failure to register as a sex offender, under the Sex Offender Registration and Notification Act (“SORNA”), in violation of 18 U.S.C. § 2250(a); the Court sentenced Petitioner to a prison term of 37 months to be followed by three years of supervised release. (Amended Judgment, ECF No. 90 at 1-2.)

         Petitioner alleges ineffective assistance of counsel by the two attorneys who represented him sequentially through this Court's 2013 revocation judgment.[1](Motion at 1.)

         The Government maintains Petitioner's motion is untimely under 28 U.S.C. § 2255(f). (Response, ECF No. 220 at 4-6.)

         Following a review of Petitioner's motion, the Government's request for dismissal, and the record, I recommend the Court grant the Government's request, and dismiss Petitioner's motion.

         I. Factual Background and Procedural History

         According to the prosecution version (Prosecution Version, ECF No. 42), which Petitioner admitted at his change of plea hearing was true (Plea Tr., ECF No. 156 at 13), Petitioner was convicted in Connecticut in 1996, following a guilty plea, of sexual assault, for which conviction he was sentenced to ten years in prison, with all but four years suspended, to be followed by five years of probation. (Prosecution Version at 1.)

         Petitioner was released on April 1, 2000. (Id.) Prior to his release, he signed a “Sex Offender Advisement of Registration Requirement Unconditional Release form, ” which advised Petitioner that he was required to register for 10 years from the date of his release, unless he was released from the obligation earlier under Connecticut law. (Id.) A review of the prosecution version reflects the Government did not allege Petitioner had been released early. (Id.) Petitioner was convicted in Massachusetts in 2006 of failure to register as a sex offender. (Id. at 2.)

         On August 31, 2009, Petitioner applied for and obtained a Maine driver's license. (Id. at 2-3.) On July 29, 2010, in a meeting with police, Petitioner was informed of and waived his Miranda rights, and he told officers he had lived in Maine for 16 months.[2](Id. at 3.) The Maine State Bureau of Identification had no record that Petitioner had ever registered with the Maine Sex Offender Registry. (Id.) Petitioner was indicted pursuant to 18 U.S.C. § 2250(a) for failure to register as required under SORNA. (Indictment, ECF No. 1.)

         Following a hearing in July 2011, the Court accepted Petitioner's guilty plea. (Plea Tr., ECF No. 156 at 17.) The Court entered an amended judgment of conviction on January 31, 2013; the Court sentenced Petitioner to a term of 37 months in prison, to be followed by a term of three years of supervised release.[3] (Amended Judgment at 2-3.) Petitioner did not appeal from the conviction or the sentence.

         In September 2013, the Court entered a revocation judgment upon Petitioner's admission to a violation of one of the conditions of his supervision. (Revocation Judgment, ECF No. 113 at 1.) The Court sentenced Petitioner to a term of five months in prison, to be followed by a term of 31 months of supervised release.[4] (Id. at 2-3.)

         Petitioner appealed from this Court's 2013 revocation judgment, and the First Circuit affirmed. (United States v. Goguen, No. 13-2230 (1st Cir. Oct. 9, 2014).) The First Circuit concluded Petitioner's “waiver of rights respecting his revocation hearing was knowing and voluntary, ” and the hearing was conducted in a manner consistent with Fed. R. Crim. P. 32.1, which governs the revocation of supervised release. (Id.) The First Circuit also concluded this Court did not err when it delegated to the United States Probation Office the choice of a particular treatment program as part of a special condition the Court imposed, “even if such treatment program included a restriction on the use of adult pornography.” (Id.)

         Petitioner filed his section 2255 motion on December 15, 2017. (Motion, ECF No. 194 at 1.) Petitioner has made allegations in a number of filings, including: a document Petitioner entitled “Motion for Relief” (ECF No. 199), which the Court ordered docketed as a supplement to Petitioner's section 2255 motion (Order, ECF No. 198); a document Petitioner entitled “Motion to Amend Relief” (ECF No. 204), which the Court granted as a motion to amend the section 2255 motion (Order, ECF No. 207); a document Petitioner entitled “Requests to Further Amend” (ECF No. 215), which the Court granted as a motion to amend (Order, ECF No. 251); and a motion Petitioner entitled “Stay and Abeyance” (ECF No. 248), which the Court denied (Order, ECF No. 251). In addition, Petitioner has filed a reply (ECF No. 227), and additional filings (ECF Nos. 236, 239) that include section 2255 allegations. Finally, in response to the Court's grant of leave to amend (Order, ECF No. 251), Petitioner filed a document he entitled “Second Further Amendment to 2255” (ECF Nos. 252, 252-1).[5]

         II. ...


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