Court filing
Amended Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 — United States v. Harrescia Hopkins
Full text
Case 1:22-cr-00284-SEG-CMS Document 46 Filed 08/31/23 Page 1 of 15
FILED IN CLERK'S OFFICE
U.S.O.C. •Atlanla
AUG 31 202iag 1
puty Clerk
In the United States District Court for the Northern District of Georgia
Name (under which you were convicted): Docket or Case No.:
I :22-CR-00284-SEG-CMS-1
Place of Confinement: Prisoner No.:
UNITED STATES OF AMERICA V.
MOTION
1. (a) Name and location of court which entered the judgment of conviction you are challenging: {i__fY+bfto
06!-ct+ &Q Geo%1c,.
(b) Criminal docket or case number (if you know): ·1: aa #c~ --ooa~4 ~SE<o -ems
2. (a) Date of the judgment of conviction (if you k n o w ) : - - - - - - - - - - - - - - - - -- - -
U.....Qe..
(b) Date of sentencing: _,J......._ ---......~....._ 8. . .ffi......~..______________________
, ....
3. Length of sentence: ac;,1eori?«}\:D..~'(} L \o
~ !ll)(}.\:'.))S. OM:al~ 1
4. Natureofcrime(allcounts): I CCU{)+ nV \,'Ji(t.J::-.@ucL I:)% Co,tl}L# 1JJ1re.
\'.:r ud
5. (a) What was your plea? (Check one) (1 ) Not guilty [Q"(2) Guilty □ (3) Nolo contendere (no contest) □
(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:. \>'€0C~ @-Al \+!j 7'0 G
ca ).Q-\;;> ~ l).,)\'f e., ..Q<-r,u }£)
6. If you went to trial, what kind of trial did you have? (Check one) Jury □ Judgeonly ~
7. Did you testify at a pretrial hearing, trial, or post-trial hearing? Yes □ No ~
8. Did you appeal from the judgment of conviction? Yes □ No ~
Rev. 12/5/07
Case 1:22-cr-00284-SEG-CMS Document 46 Filed 08/31/23 Page 2 of 15
Page 2
9. If you did appeal, answer the following:
(a) Name of c o u r t : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(b) Docket or case number (if you k n o w ) : - - - - - - - - - - - - - - - - - - - - - - - - -
(c) R e s u l t : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(d) Date of result (if you k n o w ) : - - - - - - - - - - - - - - - - - - - - - - - - - - -
(e) Citation to the case (if you k n o w ) : - - - - - - - - - - - - - - - - - - - - - - - - - - -
(f) Grounds raised:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(g) Did you file a petition for certiorari in the United States Supreme Court? Yes D No ll:J/
If " Yes," answer the following:
(1) Docket or case number (if you know): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(2) R e s u l t : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(3) Date of result (if you k n o w ) : - - - - - - - - - - - - - - - - - - - - - - - - - -
(4) Citation to the case (if you know): - - - - - - - - - - - - - - - - - - - - - - - - -
(5) Grounds r a i s e d : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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?
Yes e{ No □
11 . If your answer to Question 10 w~s "Yes,'~ive the follow: : informatio~:
(a) (1) Name of court: n/oc+be,ro U1Skx}t-:t- if1l_ ¼Jf(f(@lv
(2) Docket or case number (if you know): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(3) Date of filing (if you know): - -.- - - - - - - - - - - - - - - - - - - - - - - - -
(4) Nature of the proceeding: (1\ D-tturu -j() f Jt~nd ()\½ 61n-t0J0v o\Q~.
Rev. 12/5/07
Case 1:22-cr-00284-SEG-CMS Document 46 Filed 08/31/23 Page 3 of 15
Page 3
0. .ru. . . .tH. . --'ilp::a..:r~(,i,j..LJY_ ::td
1
(5) Grounds raised: .&..;.
fYJe ~ rJ.,_._,
iC.&4. f ----lo..,I
.i4- Cc...... 0u.:
Oc..
S __.__---"""
Y""""Ok CC/
...........,.....,..._·~
L.a,~ · - - - -
(6) Did you receive a hearing where evidence was given on your motion, petition, or application?
Yes D No ~
(7) Result: fil .J ,\-W,O)rN) IA,} fJ l gcaO-Jed
(8) Date of result (if you k n o w ) : - - - - - - - - - - - - - - - - - - - - - - - - - -
(b) If you filed any second motion, petition, or application, give the same information:
(1) Name of court: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(2) Docket or case number (if you k n o w ) : - - - - - - - - - - - - - - - - - - - - - - -
(3) Date of filing (if you k n o w ) : - - - - - - - - - - - - - - - - - - - - - - - - - -
(4) Nature of the proceeding: - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(5) Grounds r a i s e d : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(6) Did you receive a hearing where evidence was given on your motion, petition, or application?
Yes D No D
(7) R e s u l t : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(8) Date of result (if you k n o w ) : - - - - - - - - - - - - - - - - - - - - - - - - - - -
(c) Did you appeal to a federal appellate court having jurisdiction over the action taken on your motion, petition, or
application?
(1) First petition: Yes D No D
(2) Second petition: Yes D No D
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Case 1:22-cr-00284-SEG-CMS Document 46 Filed 08/31/23 Page 4 of 15
Page 4
(d) If you did not appeal from the action on any motion, petition, or application, explain briefly why you did not:
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. ,
GROUND ONE: (}1 IS(f pc-llOkdt'cJn ,
(a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.):
{Y\ 1 ~ 1 - flV f\ 11 [f_,
O~Q\\c@OY1 mjS<11:P ,':l=- cpl\S maof{li\a~ai ,I 've beeo ((}{}Vlezkc{
wed '10 C\N:005 l)R Sc:D'€ (Q[\O J),l,~, :tb-L. ~ HU)!Q{bf:: I@/
:r: Red ufcj s--e~1£0 , v~cm.-Q toaOS(ru,n-t, ffxf Le% 1o a \:YJs+t }e
ldO'f'L: -ROVICOOWAli:
" Direct Appeal of Ground One:
(b)
(I) If you appealed from the judgment of conviction, did you raise this issue?
Yes □ No u:t'
(2) If you did not raise this issue in your direct appeal, explain why: <Yl½) Q ---\:\d:Qe>-{,
(c) Post-Conviction Proceedings:
(1) Did you raise this issue in any post-conviction motion, petition, or application?
Yes ~ No □
(2) If you answer to Question (c)(l) is "Yes," state:
Type of motion or petition: 0'.0t:foy) :H VClCCl4t Se.0--\e.r(Q
Name and location of the court where the motion or petition was filed: /¼rfu. [() t) ls-4r1'-:+--
0C C?e&?)tli\,
Docket or case number (if you know): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Date of the court's decision: _,_(._
)n '-'--------------------
= Yl
;.._...;K=h....®
Rev. 12/5/07
Case 1:22-cr-00284-SEG-CMS Document 46 Filed 08/31/23 Page 5 of 15
Page 5
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?
Yes D No ✓
(4) Did you appeal from the denial of your motion, petition, or application?
Yes D No~
(5) If your answer to Question (c)(4) is "Yes," did you raise the issue in the appeal?
Yes D No D
(6) If your answer to Question (c)(S) is "Yes," state:
Name and location of the court where the appeal was filed: _ _ _ _ _ _ _ _ _ _ _ _ _ __
Docket or case number (if you k n o w ) : - - - - - - - - - - - - - - - - - - -- -
Date of the court's d e c i s i o n : - - - - - - - - - - - - - - - - - - - - - - - - -
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 i s s u e : - - - - - - - - - - - - - - - - - - - - - - - - - - - -
GROUND T W O : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Supporting facts (Do not argue or cite law. Just state the specific fac
"""'-"...o,._~~:;.;_;
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'
...:.._-=.::..ci.:=--.,--:...:~~~,1....L.J,o~+---.L...:'---.....a::::.__.:_~~~..A."\-__!;..~..L..L.l.l~ :M1r1
Rev. 12/S/07
Case 1:22-cr-00284-SEG-CMS Document 46 Filed 08/31/23 Page 6 of 15
Page 6
(b) Direct Appeal of Ground Two:
( l) If you appealed from the judgment of conviction, did you raise this issue?
Yes D No []/
(2) If you did not raise this issue in your direct appeal, explain why: (\t)c J..
5
0:±tYOe~
:\ad OH~ \} \AY1 '> ~oss .G\<XQ J-0? croJk,c<, ulf le
~ - £ \:Jkr 410e ~ u) NJe,,o+:: ca ,\fci ,± in cru, f-l:
(c) Post-Conviction Proceedings:
(l) Did you raise this issue in any post-conviction motion, petition, or application?
Yes ~ No D
!
(2) If you answer to Question (c)(1 is "Yes," state: !\
Type of motion or petition: :ti]':) ~ :::tt2QD
Name and location of the court where the motion or petition was filed:..;..
(\ ~ 11,..,-,r
....-~-'-'-""""-"-'-
U.,_.()
ry\r.?-,~
Q- ,~,_,,__....~""--'-=--- - -
J C'<leo<5'u ,
Docket or case number (if you know): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Date of the court's decision: -□-} B: . . . ._______________________
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?
Yes D No [tJ/'
(4) Did you appeal from the denial of your motion, petition, or application?
Yes D No ~
(5) If your answer to Question (c)(4) is "Yes," did you raise the issue in the appeal?
Yes D No D
(6) If your answer to Question (c)(5) is "Yes," state:
Name and location of the court where the appeal was filed: (\o'fJ-:be,cn '()1~ i~+- C~
Geomu, ,
Docket or case number (if you k n o w ) : - - - - - - - - - - - - - - - - - - - - - -
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
thisissue: -:r:= 00(\~ ravg._ {?'filQe( ( fpa:2~ ) ' 1 1
Rev. 12/5/07
Case 1:22-cr-00284-SEG-CMS Document 46 Filed 08/31/23 Page 7 of 15
Page 7
GROUND T H R E E : - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(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?
Yes □ No □
(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?
Yes □ No □
(2) If you answer to Question (c)(1) is "Yes," state:
Type of motion or p e t i t i o n : - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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?
Yes □ No □
(4) Did you appeal from the denial of your motion, petition, or application?
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Case 1:22-cr-00284-SEG-CMS Document 46 Filed 08/31/23 Page 8 of 15
Page 8
Yes D No D
(5) If your answer to Question (c)(4) is "Yes," did you raise the issue in the appeal?
Yes D No D
(6) If your answer to Question (c)(5) is "Yes," state:
Name and location of the court where the appeal was filed: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Docket or case number (if you k n o w ) : - - - - - - - - - - - - - - - - - - - - - - -
Date of the court's d e c i s i o n : - - - - - - - - - - - - - - - - - - - - - - - - - -
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 i s s u e : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
GROUND F O U R : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(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?
Yes □ No □
(2) If you did not raise this issue in your direct appeal, explain why: _ _ _ _ _ _ _ _ _ _ _ __
Rev. 12/5/07
Case 1:22-cr-00284-SEG-CMS Document 46 Filed 08/31/23 Page 9 of 15
Page 9
(c) Post-Conviction Proceedings:
(I) Did you raise this issue in any post-conviction motion, petition, or application?
Yes □ No □
(2) If you answer to Question (c)(1) is "Yes," state:
Type of motion or p e t i t i o n : - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Name and location of the court where the motion or petition was f i l e d : - - - - - - - - - - - -
Docket or case number (if you know): - - - - - - - - - - - - - - - - - - - - - - - -
Date of the court's d e c i s i o n : - - - - - - - - - - - - - - - - - - - - - - - - - - -
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?
Yes □ No □
(4) Did you appeal from the denial of your motion, petition, or application?
Yes □ No □
(5) If your answer to Question (c)(4) is "Yes," did you raise the issue in the appeal?
Yes □ No □
(6) If your answer to Question (c)(S) 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)(S) is "No," explain why you did not appeal or raise
this i s s u e : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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: _ _ _ _ _ _ _ _ _ _ __
Rev. 12/5/07
Case 1:22-cr-00284-SEG-CMS Document 46 Filed 08/31/23 Page 10 of 15
Page 10
14. Do you have any motion, petition, or appeal now pending (filed and not decided yet) in any court for the judgment you
are challenging? Yes □ No □
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:
......... f_V
...........Qi
(a) At the preliminary hearing:_te ______.c_......\ f...~"--=---=--=--'- - - - - - - - - - - - - - - - - -
(b) At the arraignment and plea: _J"""·) t o...___lli
.............
: . . . . . . .~....,=.f_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(c) At the trial : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(d) At sentencing: =un ~
(e) On appeal: ffi\\\l{ '{) ,li'f'\
(f) In any post-conviction proceeding: .....ro \ \...\"-'e.,
""'-'-'\'--' :::;..___,,_
W-'=""n---'-'-
f\..,___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(g) On appeal from any ruling against you in a post-conviction proceeding: _ _ _ _ _ _ _ _ _ _ _ _ __
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Case 1:22-cr-00284-SEG-CMS Document 46 Filed 08/31/23 Page 11 of 15
Page 11
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 ta" No □
17. Do you have any future sentence to serve after you complete the sentence for the judgment that you are challenging?
Yes □ No~
(a) Ifso, 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 □ No □
18. TIMELINESS OF MOTION: If your judgment of conviction became final over one year ago, you must explain why the
oneh ear statute of limitations as contained in 28 U.S.C. § 2255 does not bar your motion.*
N,.i
* 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.
Therefore, Movant asks that the Court grant the following relief: yr()Uw<:sn \NL.kn (.A(\ J ~,S•(\fJJl.eA.
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Case 1:22-cr-00284-SEG-CMS Document 46 Filed 08/31/23 Page 12 of 15
Page 12
I 1uLAld
or any other relief to which movant may be entitled.
Signature of Attorney (if any)
I declare (or certify, verify, or state) under penalty of perjury that the foregoing r
tr~e and corr; / and that this Motion
under 28 U.S.C. § 2255 was placed in the prison mailing system on · 8(3 7/fJ'; ~~2/9 3
1
(month, date, year)
Executed (signed) on _ _,?--.i,__,},_r; 8. .,~- - - - - - - - - (date).
_,,_J-+J_,_/....
Lt)( '/
If the person signing is not movant, state relationship to movant and explain why movant is not signing this motion.
Rev. 12/5/07
Casel:22-cr-284
Case: 1:22-cr-00284-SEG-CMS Document 46 Filed 08/31/23 Page 13 of 15
Harrescia Hopkins
15535510
1509 Conley Way
Conley, Ga 30288
*************** ATTENTION ***************
Attorney Registration for Electronic Case Filing (ECF)
Electronic Filing became mandatory for all attorneys effective July 15,
2005. If you are a bar member in good standing with the Northern District of
Georgia or an attorney admitted pro hac vice, visit our website at
http://www.gand.uscourts.gov for
information on obtaining ECF access.
Case 1:22-cr-00284-SEG-CMS Document 46 Filed 08/31/23 Page 14 of 15
Case 1:22-cr-00284-SEG-CMS Document 45 Filed 08/22/23 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
HARRESCIA HOPKINS, MOTION TO VACATE
Movant, 28 U.S.C. § 2255
V. CRIMINAL ACTION NO.
1:22-CR-00284-SEG-CMS-1
UNITED STATES OF AMERICA, CIVIL ACTION NO.
Respondent. 1:23-CV-03612-SEG-CMS
ORDER
Movant Harrescia Hopkins filed a motion to vacate, set aside, or correct
sentence pursuant to 28 U.S.C. § 2255. (Doc. 44). However, Movant does not
clearly describe her claims, as the only thing she states is "misrepresentation" in
that she "was not represented with all documentation given" and that "it was best
not to mention certain facts concerning the case in court." (Id. at 6). Movant must
provide additional details so that the Court can better understand the claim that
Movant seeks to raise. In addition, Movant did not properly sign or date her motion.
(See id. at 13).
Accordingly, it is ORDERED that Movant must, within 30 days of the entry
date of this Order, submit an amended § 225 5 motion. Movant is instructed to
I
complete in detail the 28 U.S.C. § 2255 form motion provided to her by the Clerk
of Court with this Order, add no more than 10 pages to the form, and write clearly
Case 1:22-cr-00284-SEG-CMS Document 46 Filed 08/31/23 Page 15 of 15
Case 1:22-cr-00284-SEG-CMS Document 45 Filed 08/22/23 Page 2 of 2
and on only one side of each page. Movant is advised that her amended motion
shall supersede and replace her previous pleadings in this case.
During the pendency of her case, Movant must keep the Clerk of Court
advised of her correct address at all times. Movant is admonished that this action
shall be subject to dismissal if she fails to submit an amended motion within the
specified period of time, fails to comply with any other of the Court's orders, or fails
to keep the Clerk of Court advised of her current address at all times while this
action is pending. See LR 41.2(B), 41.3(A)(2), NDGa.
The Clerk of Court is DIRECTED to forward a 28 U.S.C. § 2255 motion
form to Movant, together with a copy of this Order. The Clerk is further
DIRECTED to resubmit this action to the undersigned upon receipt of the amended
petition or at the expiration of the aforementioned time period.
SO ORDERED, this 22nd day of August, 2023.
~~/n ~
CATHERINE M. ~AS ~
UNITED STATES MAGISTRATE JUDGE
2
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