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Schliebener v. U.S.

Sentence Relief Under 28 USC §2255 Denied; Guilty Plea Voluntary, 'One-Book' Rule Applies

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DECISION AND ORDERINTRODUCTION

*1  Pro se Petitioner William Herbert Schliebener, Jr. filed a Motion to Vacate, Set Aside, or Correct the Sentence pursuant to 28 U.S.C. §2255. ECF No. 103. FACTUAL BACKGROUND AND PROCEDURAL HISTORYOn April 4, 2014, Schliebener appeared before this Court and entered a guilty plea to four counts of a superseding information: Count 1, which charged a violation of 18 U.S.C. §2423(a) (transportation of a minor), and Counts 2-4, which charged violations of 18 U.S.C. §§2251(a) and (e) (knowing production of child pornography). Following an extensive plea colloquy, Petitioner entered a guilty plea. ECF No. 98 (Transcript of April 14, 2014). The Plea Agreement was also executed in open court. ECF No. 84 (Plea Agreement).At the sentencing hearing, the Court sentenced Petitioner to a 300-month term of imprisonment. ECF No. 99 (Transcript of November 18, 2014). He appealed his conviction to the Second Circuit Court of Appeals, which affirmed his conviction on January 27, 2016. United States v. Schliebener, 632 F. App’x 28 (2d Cir. 2016). In that decision, the Second Circuit expressly rejected two arguments Petitioner made that are relevant here. The Second Circuit found that the application of the “One Book Rule” did not violate the Ex Post Facto Clause because

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