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Shepperd v. U.S.

Conviction Grounded on Drug Trafficking Crime Not Crime of Violence; Habeas Relief Denied

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ADDITIONAL CASES United States of America, Plaintiff v. Marcus Shepperd, Defendant; 11-CR-630 OPINION & ORDER Marcus Shepherd (“Petitioner”), proceeding pro se, has filed a Petition for a Writ of Habeas Corpus (the “Petition”) pursuant to 28 U.S.C. §2255 to vacate, set aside, or correct his November 20, 2014 sentence of 150 months of imprisonment, imposed after Petitioner pled guilty to one count of conspiracy to distribute a controlled substance, in violation of 21 U.S.C. §846, and one count of possession of a firearm in furtherance of a drug trafficking offense, in violation of 18 U.S.C. §924(c)(1)(A)(iii). (See generally Pet. for Writ of Habeas Corpus (“Pet.”) (Dkt. No. 1, Dkt. No. 18-CV-4847; Dkt. No. 1317, Dkt. No. 11-CR-630).)^{1, 2} For the foregoing reasons, the Petition is denied. I. Background A. Factual Background During the 2000s, Petitioner was member of a drug trafficking organization located in Yonkers, NY, known as the Elm Street Wolves. (See Resp’t's Mem. of Law in Opp’n to Pet. (“Opp’n Mem.”) 1-2 (Dkt. No. 1332, Case No. 11-CR-630); see also Plea Tr. 18:12-16 (Dkt. No. 608, Case No. 11-CR-630).) As part of his activities with the Elm Street Wolves, Petitioner was involved in the distribution of crack cocaine and participated in armed robberies of other narcotics dealers for crack cocaine, powder cocaine, and cash. (See Opp’n Mem. 1.) Petitioner routinely used and carried firearms in furtherance of both his drug distribution and robberies. (See id. at 1-2.) On August 3, 2011, a grand jury returned a joint Superseding Indictment S1 11-CR-630 (the “Indictment”) charging Petitioner and his 46 co-defendants with a total of 21 counts relating primarily to conspiracy, racketeering, and narcotics trafficking. (See generally Indict. (Dkt. No. 4, Case No. 11-CR-630).) Petitioner specifically was charged with five counts: (1) conspiracy to distribute crack cocaine, in violation of 21 U.S.C. §846 (Count One), (see id.

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