Ross-Varner

Ross-Varner v. United States

Good Law
United States District Court, Northern District of CaliforniaJanuary 12, 20213:20-cv-05566California995 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 SAMANTHA LEIGH ROSS-VARNER, Case No. 20-cv-05566-AGT

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

UNITED STATES OF AMERICA, Re: Dkt. No. 8 Defendant.

In 2015, in the Eastern District of North Carolina, Samantha Leigh Ross-Varner pled guilty to being a felon in possession of a firearm, 18 U.S.C. §§ 922(g)(1), 924(a)(2). For that crime and a related offense she is serving a sentence in the Northern District of California. She has petitioned for a writ of habeas corpus, under 28 U.S.C. § 2241. At issue here is the government’s motion to dismiss the petition. Ross-Varner contends that the writ should issue because her plea colloquy was constitutionally inadequate. The sentencing judge told her that to convict, the government would need to prove that she knowingly possessed a firearm, that at the time of possession she was a felon (meaning that she had been convicted of a crime punishable by imprisonment for a term exceeding one…

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