Withers
United States v. Withers
Opinion
Lead Opinion
Snyder, J.
ORDER
I. INTRODUCTION
On September 16, 1998, following an 18-day trial, a federal jury convicted Michel *526 Withers of possession of heroin and cocaine with intent to distribute, money laundering, engaging in a continuing criminal enterprise, and conspiracy to possess controlled substances with the intent to distribute. Docs. 332-33. On March 20, 2001 Judge Manuel L. Real sentenced Withers to 365 months in federal prison. Doc. 525.
Withers has filed two motions related to his sentence, which are pending before the Court. The first motion, originally filed on September 10, 2003, seeks habeas relief pursuant to 28 U.S.C. § 2255 . Doc. 567. Judge Real summarily denied the motion on July 1, 2005. Doc. 618. On August 19, 2010, the Ninth Circuit reversed, and remanded for additional fact-finding on Withers’s claim that his Sixth Amendment right to a public trial was violated when Judge Real closed the courtroom prior to voir dire. Doc. 694. Per the Ninth Circuit’s instructions, this case was reassigned to this Court. Doc. 780. On January 29, 2015, Withers filed a supplemental brief in response to the Ninth Circuit’s decision. Doc. 770. The government responded (Doc. 782), and…