Larnell Lowe v. United States
Opinion
Trial Court Opinion
I.
BACKGROUND
On November 3, 2004, a jury found Petitioner guilty of: (1) brandishing a firearm during and in relation to a crime of violence (18 U.S.C. § 924(c)) (“Count One”); (2) carjacking (18 U.S.C. § 2119) (“Counts Two and Four”); (3) discharging a firearm during and in relation to a crime of violence (18 U.S.C. § 924(c)) (“Count Three”); and (4) conspiracy to possess firearms during and in relation to a crime of violence (18 U.S.C. § 924(o)) (“Count Five”). Lowe v. United States, No. 1:04- CR-0131, 2020 WL 429777, at *1 (M.D. Pa. Jan. 28, 2020), certificate of appealability denied, No. 20-1311, 2020 WL 4582606 (3d Cir. July 9, 2020). On March 28, 2005, Petitioner was sentenced to 504 months imprisonment. Id.
The United States Court of Appeals for the Third Circuit affirmed the Court’s judgment as to Petitioner’s convictions. See United States v. Lowe, 222 F. App'x 220 (3d Cir. 2007).
On January 28, 2020 Petitioner filed a Motion to Correct Sentence pursuant to 28 U.S.C. § 2255 (“section 2255”) in the United States District Court for the Middle District of Pennsylvania, arguing that his consecutive sentences based on 18 U.S.C. § 924(c) violate due process and…