Dywane Tousant v. B. Birkholz

I.

BACKGROUND

On April 1, 2009, a grand jury indicted Petitioner Dywane Tousant (“Petitioner”) on one (1) count of sexual exploitation of a child (18 U.S.C. § 2251(a), (e) and 2). United States v. Dorrough, et al., No. 3:09-CR-1250-W (S.D. Cal. April 1, 2009), ECF Docket No. (“Dkt.”) 1. On October 30, 2009, a superseding indictment was issued charging one (1) count of sexual exploitation of a child (18 U.S.C. § 2251(a), (e) and 2), one (1) count of sex trafficking of children by force, fraud, and coercion (18 U.S.C. § 1591(a), (b) and 2), and one (1) count of attempted sex trafficking of children by force, fraud, and coercion (18 U.S.C. § 1591(a) and (b), § 1594 and 2). Id., Dkt. 54. Pursuant to a plea agreement, Plaintiff subsequently pled guilty to count 2 of the superseding indictment on November 2, 2009. Id., Dkt. 56, 58. On June 2, 2010, the United States District Court for the Southern District of California sentenced Petitioner to one hundred twenty (120) months’ imprisonment to run consecutively to Petitioner’s fifteen (15) month state court sentence in case number SCS225068. Id., Dkt. 126, 132. On October 18, 2021, Petitioner filed a motion to withdraw guilty…