United States v. Johnson

Good Law
557 F. Supp. 2d 1066·2008 WL 2169391·2008 U.S. Dist. LEXIS 72460
United States District Court, Northern District of CaliforniaMay 23, 2008C-04-03340-RMW, C-06-06276-RMW, CR-99-20092-RMWCalifornia3,997 words

Opinion

Opinion

Whyte, J.

ORDERS RE MOTIONS UNDER 28 U.S.C. § 2255

Movants/defendants Cliffina Johnson and Frederick Shirley seek summary judgment on their motions under 28 U.S.C. § 2255 to vacate their convictions for conspiracy to bribe a public official and bribery of a public official. The United States has cross-moved to dismiss for lack of jurisdiction and failure to state a claim for relief. The motions have been extensively briefed and orally argued. The court hereby denies the motions.

I. PROCEDURAL HISTORY

On June 9, 1999 Johnson and Shirley were indicted for conspiracy to bribe a public official ( 18 U.S.C. § 371 ) and bribery of a public official ( 18 U.S.C. § 201 (b)(1)(C)) during the period between March and July of 1998. Guilty verdicts were rendered against both defendants on October 2, 2000 following a jury trial. Shirley was sentenced on January 16, 2001 to incarceration for a term of 14 months to be followed by three years of supervised release. Johnson was sentenced on January 21, 2001 and received an identical sentence. Both defendants filed notices of appeal. Johnson’s conviction was affirmed on May 10, 2002 (U.S. v. Johnson, 34 Fed.Appx. 381 (9th Cir.2002)). Shirley apparently…

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