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Ranes v. Warden, F.C.I. Englewood

United States District Court, D. Colorado

December 4, 2015

THOMAS P. RANES, Applicant,
v.
WARDEN, F.C.I. ENGLEWOOD, Respondent.

ORDER OF DISMISSAL

LEWIS T. BABCOCK, SENIOR JUDGE UNITED STATES DISTRICT COURT

Applicant, Thomas P. Ranes, is in the custody of the Federal Bureau of Prisons, currently incarcerated at the Federal Correctional Institution in Englewood, Colorado. On October 29, 2015, Applicant filed, through counsel, an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 1) and a supporting Brief (ECF No. 2) that challenges the constitutionality of 28 U.S.C. § 2255(e) and also the validity of his conviction and sentence in case 3:06-cr-00041-RRB-1 in the United States District Court for the District of Alaska. Applicant has paid the filing fee.

Pursuant to D.C.COLO.LCivR. 8.1(b)(4), this Court reviews “the pleadings of a prisoner (whether represented by counsel or not) to determine whether the pleadings should be dismissed summarily if the prisoner is . . . asserting claims pertinent to his or her conviction or sentence . . . .” For the reasons discussed below, the § 2241 application will be dismissed.

I. Background

On December 15, 2006, Applicant was charged in a Second Superseding Indictment with:

Count 1 - Conspiracy to Import 1, 000 Kilograms or More of Marijuana, and MDMA or “ecstasy, ” in violation of 21 U.S.C. §§ 952 and 960(a), (b)(1);
Count 2 - Conspiracy to Distribute and Possess with Intent to Distribute, 1, 000 Kilograms or More of Marijuana, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A);
Counts 3-136 - Money Laundering, Attempted Money Laundering, Aiding and Abetting Money Laundering, in violation of 18 U.S.C. §§ 1956(a)(1)(A)(i), (a)(1)(B)(i), (a)(1)(B)(ii) and 2; Counts 137-140 - Money Laundering, in violation of 18 U.S.C. §§ 1956(a)(2)(B)(i) and 2;
Count 141 - Criminal Forfeiture (Drug Offenses), pursuant to 21 U.S.C. §§ 853(a)(1), (a)(2);
Count 142 - Criminal Forfeiture (Money Laundering), pursuant to 18 U.S.C. § 982(a)(1) and Rule 32.2(a), Federal Rules of Criminal Procedure.

United States v. Ranes, No. 3:06-cr-00041 (D. Alaska), ECF No. 284.

Ultimately, Applicant pled guilty to Counts 1 (marijuana importation conspiracy), 119 (money laundering), and 137 (international money laundering). (Id., ECF No. 719 and 721). A few months later, Applicant moved to withdraw his guilty plea (Id. at ECF No. 754), but the District Court denied the motion (Id. at ECF No. 817). On June 5, 2008, Judge Ralph R. Beistline of the United States District Court for the District of Alaska sentenced Applicant to 360 months imprisonment and 5 years of supervised release. (Id. at ECF No. 849).

Applicant filed a timely notice of appeal with the Ninth Circuit asserting two claims: (1) the district court erred in denying his motion to withdraw his guilty plea; and (2) ineffective assistance of counsel. The Ninth Circuit rejected both claims on August 31, 2009. United States v. Ranes, 344 Fed. App’x. 364 (9th Cir. 2009). Further, on November 9, 2009, the Ninth Circuit denied Applicant’s Petition for a Panel Rehearing and Petition for Rehearing en banc. United States v. Ranes, No. 3:06-cr-00041 (D. Alaska), ECF No. 1032.

On February 15, 2011, Applicant filed pro se a Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 in the District Court for the District of Alaska. Id., ECF No. 1043. He raised one issue in his § 2255 motion: his guilty plea was unknowing and unintelligent due to ineffective assistance of counsel. He was subsequently appointed counsel, who filed an amended § 2255 motion asserting the same one claim but attaching a sworn affidavit from Mr. Ranes. Id., ECF No. 1066. On January 19, 2012, the district court denied Applicant’s § 2255 motion. Id., ECF No. 1083. Applicant’s habeas counsel filed a ...


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