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Shaw v. U.S.

'Fatico' Hearing Noted in Denial of Habeas Relief for 180-Month Sentence on Stolen Goods

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ADDITIONAL CASES United States of America v. Jerome Shaw, Defendant; 16-cr-00642 MEMORANDUM AND ORDER Defendant Jerome Shaw, proceeding pro se, moves under 28 U.S.C. §2255 to vacate, set aside, or correct the sentence of 180 months’ imprisonment imposed by the Court following his guilty plea to four counts related to his interstate transportation of stolen property. (Doc. No. 82 (the “Petition” or “Pet.”).)1 Shaw asserts that his sentence is invalid because the Court failed to sufficiently explain its reasons for imposing a sentence above the Sentencing Guidelines range that Shaw now contends he “agree[d] to” when he pleaded guilty, and that his counsel provided ineffective assistance at sentencing by failing to raise this putative “sentencing procedural error.” (Pet. at 4-5.) Shaw’s motion, which was filed after the expiration of section 2255′s one-year limitations period, is accompanied by a request for equitable tolling based on the restrictions put into place at his federal prison following the COVID-19 pandemic. (Id. at 13.) For the reasons set forth below, Shaw’s petition is DENIED. I. BACKGROUND2 Shaw’s guilty plea and sentence stem from his participation in a series of burglaries in Greenwich and Old Greenwich, Connecticut. (PSR 11.) Between December 2011 and his arrest in July 2016, Shaw committed fifteen burglaries and one home invasion robbery (including a fourteen-month spree of thirteen burglaries), during which he stole nearly five million dollars’ worth of property. (PSR

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