Wade
Wade v. United States
Opinion
Lead Opinion
Snyder, J.
ORDER
I. INTRODUCTION AND BACKGROUND
On August 19, 1999, after a jury trial before Judge Lourdes G. Baird, Yvette Wade was convicted of: (1) one count of conspiring to commit a Hobbs Act robbery, in violation of 18 U.S.C. § 1951 ; (2) four counts of committing a Hobbs Act robbery, in violation of Section 1951; and (3) four counts of using and carrying a firearm during a crime of violence, in violation of 18 U.S.C. § 924 (c). Dkt. 1 (“Mot.”) at 1; United States v. Gaines et al, 2:99-cr-00257 (C.D. Cal. Aug. 19, 1999) (“Criminal Case”), dkt. 231. Consequently, on December 21, 1999, the court sentenced Wade to 97 months of imprisonment for each of the Hobbs Act violations (counts 1, 2, 4, 6,8) to be served concurrently; a mandatory consecutive sentence of 60 months for using and carrying a firearm to commit a crime of violence, in violation of 18 U.S.C. § 924 (c) (count 3); and 240 months for each-of the three remaining violations of 18 U.S.C. § 924 (c) (counts 5, 7, 9) to be served consecutively (a total of 720 months). Criminal Case dkts. 293, 294. In total, Wade was sentenced to 877 consecutive months of imprisonment. Id.
*977 On July 10, 2002, Wade filed a petition under 28…