Stapleton v. United States
886 F. Supp. 2d 542
E.D. Va.2012Background
- Stapleton and three co-defendants conspired to rob a Hardee’s in Newport News; Wainwright shot two employees during the robbery; Green died, Davis injured; Johnson drove the getaway vehicle; Dunn supplied the gun and disposed of it.
- Stapleton pled guilty on January 10, 2011 to Counts 2, 4, and 6 of the Superseding Indictment; the government filed a second superseding indictment as to Wainwright and Johnson.
- On May 12, 2011, Stapleton was sentenced to 480 months total (Count 2: 240 months; Count 6: 360 months concurrent with Count 2; Count 4: 120 months consecutive).
- The court later vacated co-defendants’ Count 4 convictions for purposes of sentencing after determining Count 4 is a lesser included offense of Count 6.
- Concern arose that Stapleton was treated differently from co-defendants; the court issued a letter suggesting a §2255 relief for Count 4.
- Stapleton filed the §2255 motion on May 1, 2012; the government responded on July 2, 2012; the matter is ripe for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy on Count 4 | Stapleton argues Count 4 punishment violated Double Jeopardy as a lesser included offense of Count 6. | United States contends separate punishment was permissible; no violation occurred. | Count 4 vacated; no double jeopardy violation in removing the lesser included offense. |
| Proper remedy for misapplication of counts | Relief should restore correct sentencing framework without Count 4. | Resentencing to 480 months on Count 6 was warranted. | Remedy vacated Count 4 conviction and sentence; other counts remain. |
| Appropriate total sentence after relief | Stapleton should receive a sentence greater than co-defendants due to role, but his position is under review. | Stapleton more culpable than Dunn but not as culpable as Johnson; 360 months total is sufficient. | Court imposed total of 360 months (CONCURRENT Counts 2 and 6) as sufficient, not greater than necessary. |
Key Cases Cited
- Blockburger v. United States, 284 U.S. 299 (1932) (elements of offenses control whether multiple punishments lie; double jeopardy applies to lesser included offenses)
- United States v. O’Brien, 130 S. Ct. 2169 (2010) (lesser included offense doctrine and sentencing limitations discussed)
- United States v. Hadden, 475 F.3d 652 (4th Cir. 2007) (district court may correct unlawful sentence under §2255; resentencing not required)
- United States v. White, 366 F.3d 291 (4th Cir. 2004) (no evidentiary hearing where no material facts are in dispute)