Pro Se MOTION to Vacate, set aside or correct sentence under 28 U.S.C. 2255 (Civil Action… — USA v. Hopkins (Dkt. 44)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00284-SEG-CMS · Doc. 44 · 2023-08-14 · Docket on CourtListener

Full text

AO 243 (Rev. 09/17)
MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT
SENTENCE BY A PERSON IN FEDERAL CUSTODY
United States District Court
District Northern District
(under •which you were convicted):
Harrescia Hopkins
Docket or Case No.:
1:22-cr-00284-SEG-CMS
Place of Confinement:
Prisoner No.:
UNITED STATES OF AMERICA
Movant (include name
V.
•1LCU III ^i:.-i\r ^ ^
cwiyigtepg - ftdanl
Atlanta
Harrescia Hopkins
^•yv^m^
MOTION
1. (a) Name and location of court which entered the judgment of conviction you are c
Northern District Court of Georgia
75 Ted Turner Dr SW
Atlanta, GA 30303
-^6VIN P WEIMER. clerk
(b) Criminal docket or case number (if you know): 1:22-cr-00284-SEG-CMS
2. (a) Date of the judgment of conviction (if you know): 8/10/2023
(b) Date of sentencing: 8/10/2023
3. Length of sentence: 5 months in custody, 2 years on probation, 46,000 dollars in restitution
4. Nature of crime (all counts):
2 counts of Wire Fraud
5. (a) What was your plea? (Check one)
(1) Not guilty
(2) Guilty
(3) Nolo contendere (no contest)
6. (b) If you entered a guilty plea to one count or indictment, and a not guilty plea to another count or indictment,
what did you plead guilty to and what did you plead not guilty to?
I plead guilty to both counts
6. If you went to t-ial, what kind of trial did you have? (Check one)
7. Did you testify at a pretrial hearing, trial, or post-trial hearing? Yes | | No | •
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AO 243 (Rev. 09/17) 
Motion to Vacate, Set Aside, or Correct a Sentence 
By a Person in Federal Custody 
(Motion Under 28 U.S.C. § 2255) 
Instructions 
1. 
To use this form, you must be a person who is serving a sentence under a judgment against you in a federal court. 
You are asking for relief from the conviction or the sentence. This form is your motion for relief. 
2. 
You must file the form in the United States district court that entered the judgment that you are challenging. If 
you want to challenge a federal judgment that imposed a sentence to be served in the future, you should file the 
motion in the federal court that entered that judgment. 
3. 
Make sure the form is typed or neatly written. 
4. 
You must tell the truth and sign the form. If you make a false statement of a material fact, you may be prosecuted 
for perjury. 
5. 
Answer all the questions. You do not need to cite law. You may submit additional pages if necessary. lfyou do 
not fill out the form properly, you will be asked to submit additional or correct information. lfyou want to submit 
any legal arguments, you must submit them in a separate memorandum. Be aware that any such memorandum 
may be subject to page limits set forth in the local rules of the court where you file this motion. 
6. 
lfyou cannot pay for the costs of this motion (such as costs for an attorney or transcripts), you may ask to proceed 
informa pauperis (as a poor person). To do that, you must fill out the last page of this form. Also, you must 
submit a certificate signed by an officer at the institution where you are confined showing the amount of money 
that the institution is holding for you. 
7. 
In this motion, you may challenge the judgment entered by only one court. If you want to challenge a judgment 
entered by a different judge or division ( either in the same district or in a different district), you must file a 
separate motion. 
8. 
When you have completed the form, send the original and 
Court at this address: 
copies to the Clerk of the United States District 
Clerk, United States District Court for 
Northern District Court of Georgia 
75 Ted Turner Dr SW 
Atlanta, GA 30303 
If you want a file-stamped copy of the petition, you must enclose an additional copy of the petition and ask the 
court to file-stamp it and return it to you. 
9. 
CAUTION: You must include in this motion all the grounds for relieffrom the conviction or sentence that 
you challenge. And you must state the facts that support each ground. If you fail to set forth all the 
grounds in this motion, you may be barred from presenting additional grounds at a later date. 
10. 
CAPITAL CASES: If you are under a sentence of death, you are entitled to the assistance of counsel and 
should request the appointment of counsel. 
Pagel of 13 
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AO 243 (Rev. 09/17) 
(4) Nature of the proceeding: extension for self surrender due to medical procedures 
( 5) Grounds raised: 
I have previous medical issues that needed to be handled sooner than later 
(6) Did you receive a hearing where evidence was given on your motion, petition, or application? 
YesO 
No0 
(7) Result: granted, with evidence sent in 
(8) Date ofresult (if you know): 
(b) If you filed any second motion, petition, or application, give the same information: 
( 1) Name of court: Northern District 
--------------------------------
( 2) Docket of case number (if you know): 1 :22-cr-00284-SEG-CMS 
------------------------
( 3) Date of filing (if you know): 
(4) Nature of the proceeding: set surgery date 
--~~------------------------
( 5) Grounds raised: 
pre-cancerous cells being removed 
(6) Did you receive a hearing where evidence was given on your motion, petition, or application? 
YesO 
No0 
(7) Result: granted, with evidence sent 
(8) Date ofresult (if you know): 
( c) Did you appeal to a federal appellate court having jurisdiction over the action taken on your motion, petition, 
or application? 
(1) First petition: 
(2) Second petition: 
YesO 
YesO 
No0 
No0 
( d) If you did not appeal from the action on any motion, petition, or application, explain briefly why you did not: 
I was not given the oppportunity to appeal my sentencing due to my hired attorney ignoring me for two weeks 
during the time period for the appeal. 
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AO 243 (Rev. 09/17) 
8. 
Did you appeal from the judgment of conviction? 
9. 
If you did appeal, answer the following: 
(a) Name of court: 
(b) Docket or case number (if you know): 
(c) Result: 
YesD 
(d) Date ofresult (if you know): ---------------------------
( e) Citation to the case (if you know): --------------------------
(f) Grounds raised: 
(g) Did you file a petition for certiorari in the United States Supreme Court? 
Yes D 
No0 
If "Yes," answer the following: 
(1) Docket or case number (if you know): -----------------------
( 2) Result: ______________________________ _ 
(3) Date ofresult (if you know): 
(4) Citation to the case (if you know): 
(5) Grounds raised: 
10. 
Other than the direct appeals listed above, have you previously filed any other motions, petitions, or applications, 
concerning this judgment of conviction in any court? 
Yes0 
NoO 
11. 
If your answer to Question 10 was "Yes," give the following information: 
(a) (1) Name of court: Northern District 
- - --------- -------------------
( 2) Docket or case number (if you know): 1 :22-cr-00284-SEG-CMS 
------- ---------------
( 3) Date of filing (if you know): 7/21/2023 
---- ----------------------
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AO 243 (Rev. 09/17) 
(4) Did you appeal from the denial of your motion, petition, or application? 
YesO 
No0 
( 5) If your answer to Question ( c )( 4) is "Yes," did you raise the issue in the appeal? 
YesD 
No0 
( 6) If your answer to Question ( c )( 4) is "Yes," state: 
Name and location of the court where the appeal was filed: 
n/a 
Docket or case number (if you know): 
Date of the court's decision: 
Result ( attach a copy of the court's opinion or order, if available): 
(7) If your answer to Question (c)(4) or Question (c)(5) is ''No," explain why you did not appeal or raise this 
issue: 
n/a 
GROUND TWO: 
(a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): 
(b) Direct Appeal of Ground Two: 
( 1) If you appealed from the judgment of conviction, did you raise this issue? 
YesO 
NoO 
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AO 243 (Rev. 09/17) 
12. 
For this motion, state every ground on which you claim that you are being held in violation of the Constitution, 
laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts 
supporting each ground. Any legal arguments must be submitted in a separate memorandum. 
GROUND ONE: misrepresentation 
(a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): 
I was not represented with all documentation given 
(b) Direct Appeal of Ground One: 
(1) If you appealed from the judgment of conviction, did you raise this issue? 
YesO 
No0 
(2) If you did not raise this issue in your direct appeal, explain why: 
I was advised I had no choice and it was best to not mention certain facts concerning the case in court 
( c) Post-Conviction Proceedings: 
(1) Did you raise this issue in any post-conviction motion, petition, or application? 
Yes0 
NoO 
(2) If you answer to Question (c)(l) is "Yes," state: 
Type of motion or petition: 
I contacted the federal defenders office 
Name and location of the court where the motion or oetition was filed: 
Docket or case number (if you know): 
Date of the court's decision: 
Result (attach a copy of the court's opinion or order, if available): 
(3) Did you receive a hearing on your motion, petition, or application? 
YesO 
No0 
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AO 243 (Rev. 09/17) 
GROUND THREE: 
(a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): 
(b) Direct Appeal of Ground Three: 
(1) If you appealed from the judgment of conviction, did you raise this issue? 
YesO 
NoO 
(2) If you did not raise this issue in your direct appeal, explain why: 
( c) Post-Conviction Proceedings: 
(1) Did you raise this issue in any post-conviction motion, petition, or application? 
YesO 
NoO 
(2) If you answer to Question (c)(l) is "Yes," state: 
Type of motion or petition: 
Name and location of the court where the motion or petition was filed: 
Docket or case number (if you know): 
Date of the court's decision: 
Result (attach a copy of the court's opinion or order, if available): 
(3) Did you receive a hearing on your motion, petition, or application? 
YesO 
NoO 
(4) Did you appeal from the denial of your motion, petition, or application? 
YesO 
NoO 
( 5) If your answer to Question ( c )( 4) is "Yes," did you raise the issue in the appeal? 
YesO 
NoO 
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AO 243 (Rev. 09/17) 
(2) If you did not raise this issue in your direct appeal, explain why: 
( c) Post-Conviction Proceedings: 
(1) Did you raise this issue in any post-conviction motion, petition, or application? 
YesO 
NoO 
(2) If you answer to Question ( c )(1) is "Yes," state: 
Type of motion or petition: 
Name and location of the court where the motion or petition was filed: 
Docket or case number (if you know): 
Date of the court's decision: 
Result (attach a copy of the court's opinion or order, if available): 
(3) Did you receive a hearing on your motion, petition, or application? 
YesO 
NoO 
(4) Did you appeal from the denial of your motion, petition, or application? 
YesO 
NoO 
(5) If your answer to Question ( c )( 4) is "Yes," did you raise the issue in the appeal? 
YesD 
NoO 
(6) If your answer to Question (c)(4) is ''Yes," state: 
Name and location of the court where the appeal was filed: 
Docket or case number (if you know): 
Date of the court's decision: 
Result ( attach a copy of the court's opinion or order, if available): 
(7) If your answer to Question (c)(4) or Question (c)(5) is ''No," explain why you did not appeal or raise this 
issue: 
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AO 243 (Rev. 09/17) 
(6) If your answer to Question (c)(4) is ''Yes," state: 
Name and location of the court where the anneal was filed: 
Docket or case number (if you know): 
Date of the court's decision: 
Result ( attach a copy of the court's opinion or order, if available): 
(7) If your answer to Question (c)(4) or Question (c)(5) is ''No," explain why you did not appeal or raise this 
1ssue: 
GROUND FOUR: 
(a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): 
(b) Direct Appeal of Ground Four: 
(1) If you appealed from the judgment of conviction, did you raise this issue? 
YesO 
NoO 
(2) If you did not raise this issue in your direct appeal, explain why: 
( c) Post-Conviction Proceedings: 
(1) Did you raise this issue in any post-conviction motion, petition, or application? 
YesO 
NoO 
(2) If you answer to Question (c)(l) is "Yes," state: 
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AO 243 (Rev. 09/17) 
Type of motion or petition: 
Name and location of the court where the motion or petition was filed: 
Docket or case number (if you know): 
Date of the court's decision: 
Result (attach a copy of the court's opinion or order, if available): 
(3) Did you receive a hearing on your motion, petition, or application? 
YesO 
NoO 
(4) Did you appeal from the denial of your motion, petition, or application? 
YesO 
NoO 
( 5) If your answer to Question ( c )( 4) is "Yes," did you raise the issue in the appeal? 
YesO 
NoO 
(6) If your answer to Question (c)(4) is "Yes," state: 
Name and location of the court where the appeal was filed: 
Docket or case number (if you know): 
Date of the court's decision: 
Result (attach a copy of the court's opinion or order, if available): 
(7) If your answer to Question (c)(4) or Question (c)(5) is "No," explain why you did not appeal or raise this 
issue: 
13. 
Is there any ground in this motion that you have not previously presented in some federal court? If so. which 
ground or grounds have not been presented, and state your reasons for not presenting them: 
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AO 243 (Rev. 09/17) 
14. 
Do you have any motion, petition, or appeal now pending (filed and not decided yet) in any court for the 
you are challenging? 
Yes D 
No 0 
If "Yes," state the name and location of the court, the docket or case number, the type of proceeding, and the 
issues raised. 
15. 
Give the name and address, if known, of each attorney who represented you in the following stages of the 
judgment you are challenging: 
(a) At the preliminary hearing: 
Ben Alper 
(b) At the arraignment and plea: 
Ben Alper 
( c) At the trial: 
( d) At sentencing: 
Ben Alper 
( e) On appeal: 
(f) In any post-conviction proceeding: 
Millie Dunn 
(g) On appeal from any ruling against you in a post-conviction proceeding: 
16. 
Were you sentenced on more than one court of an indictment, or on more than one indictment, in the same court 
and at the same time? 
Yes D 
No 0 
17. 
Do you have any future sentence to serve after you complete the sentence for the judgment that you are 
challenging? 
Yes D 
No 0 
(a) If so, give name and location of court that imposed the other sentence you will serve in the future: 
(b) Give the date the other sentence was imposed: 
( c) Give the length of the other sentence: --------------------------
( d) Have you filed, or do you plan to file, any motion, petition, or application that challenges the judgment or 
sentence to be served in the future? 
Yes 0 
No D 
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AO 243 (Rev. 09/17) 
18. 
TIMELINESS OF MOTION: If your judgment of conviction became final over one year ago, you must explain 
why the one-year statute of limitations as contained in 28 U.S.C. § 2255 does not bar your motion.* 
* The Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") as contained in 28 U.S.C. § 2255, 
paragraph 6, provides in part that: 
A one-year period of limitation shall apply to a motion under this section. The limitation period shall run 
from the latest of -
( 1) the date on which the judgment of conviction became final; 
(2) the date on which the impediment to making a motion created by governmental action in violation of 
the Constitution or laws of the United States is removed, if the movant was prevented from making such a 
motion by such governmental action; 
(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has 
been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral 
review; or 
( 4) the date on which the facts supporting the claim or claims presented could have been discovered 
through the exercise of due diligence. 
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AO 243 (Rev. 09/17) 
Therefore. movant asks that the Court grant the following relief: 
or any other relief to which movant may be entitled. 
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct and that this Motion 
under 28 U.S.C. § 2255 was placed in the prison mailing system on 
(month, date, year) 
Executed (signed) on _______________ (date) 
Signature ofMovant 
If the person signing is not movant, state relationship to movant and explain why movant is not signing this motion. 
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