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Brown v. U.S.

Plea Agreement's Waiver Bars Due Process Violation Claims; §2255 Sentence Relief Denied

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OPINION & ORDER Petitioner Stephen P. Brown (“Brown”) was sentenced to 292 months on one count of attempting to entice an undercover officer, who posed as an eleven-year-old willing to engage in sexual activity, in violation of 18 U.S.C. §2422(b). Brown appealed his sentence to the Second Circuit, who denied his appeal. Brown now moves pursuant to 28 U.S.C. §2255 (“Section 2255″) to vacate, set aside or correct his sentence. The Government opposes the motion. For the following reasons, the motion is DENIED.BACKGROUNDI. Brown’s Offense ConductThe New York State Police Department began investigating Brown in January 2014, after an 11-year-old-boy (“Victim 1″) reported that Brown abused him during the summers of 2011 and 2012. (Pre-Sentence Report “PSR” ) On or about January 14, 2014, a New York State Police Investigator (“UC”) posed as Victim 1 and began exchanging emails and messages with Brown. (PSR 12) In these messages, Brown asked sexually explicit questions and sent UC sexually explicit images. (PSR

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