United States District Court, D. South Dakota, Western Division
ORDER ON MOTION
VERONICA L. DUFFY United States Magistrate Judge.
matter is before the court on movant Scott Thompson's
pro se motion to amend, set aside, or vacate his
sentence pursuant to 28 U.S.C. § 2255. Mr. Thompson has
now filed an amended motion, a 231-page memorandum in
support, and 2, 606 pages of exhibits to his memorandum.
See Docket Nos. 36-53. The government moves to quash
Mr. Thompson's memorandum on the grounds it exceeds the
allowable page limit. See Docket No. 54.
Alternatively, the government requests Mr. Thompson bring his
memorandum into compliance with Local Rule of Civil Practice
7.1(B)(1). Id. This matter was referred to this
magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(A)
& (B) and the October 16, 2014, standing order of the
Honorable Jeffrey L. Viken, Chief United States District
17, 2011, a grand jury indicted Mr. Thompson in the District
of South Dakota, Western Division, on multiple counts
including False Claims, False Document Submitted to a
Department or Agency of the United States, Fraud by Wire, and
Receiving Stolen Government Money. See United States v.
Scott Thompson, CR 11-50054, Docket No. 1 (D.S.D.). Mr.
Thompson entered into a plea agreement and pled guilty to
count 2 of the indictment on March 1, 2012 (Doc. 45).
Sentencing was scheduled for June 15, 2012 (Doc. 46). On the
morning of the scheduled sentencing hearing, Mr. Thompson
filed a motion to withdraw his guilty plea. (Doc. 50). After
a hearing, the court granted the motion and permitted Mr.
Thompson to withdraw his plea (Doc. 56).
grand jury issued a superseding indictment on September 24,
2013 (Doc. 92). Prior to trial and on motion of the
government, the court dismissed count 4 of the superseding
indictment. See Doc. 203. A jury trial was
held October 20-24 and 27-30, 2014 (Doc. 213). The jury found
Mr. Thompson not guilty on counts 1, 4, and 7 and guilty on
counts 2, 3, 5, 6, 8, 9 and 10 (Doc. 218). A motion for
judgment of acquittal and for new trial was filed on March
30, 2015 (Doc. 255). The motion was denied on May 28, 2015
(Doc. 279). Sentencing occurred on May 28, 2015, and judgment
of conviction was entered on May 29, 2015 (Doc. 283). Mr.
Thompson was sentenced to 5 years' probation on all
counts with the terms running concurrently. An amended
judgment was filed on August 31, 2015, modifying the previous
restitution order (Doc. 295). Mr. Thompson did not file a
Thompson filed the pending motion to vacate, set aside or
correct sentence on May 27, 2016. He asserts the following
four grounds for relief:
Subverting the Fact-Finding Process in violation of 18 U.S.C.
§§ 1621, 1623 and of rights afforded under the
Fourth, Fifth, Eighth, and Fourteenth Amendments to the U.S.
Ineffective Assistance of Counsel pursuant to Strickland
v. Washington, 466 U.S. at 688 (1984) and its progeny
and in violation of rights afforded under the 5th and 6th
Amendments to the U.S. Constitution
Prosecutorial Misconduct violation of rights under the
Fourth, Fifth, and Eighth Amendments of the United States
Constitution and in violation of Department of Justice
guidelines set forth in the United States Attorneys'
Manual §§9-11.015 & 9-11.334
Broadening the Indictment in violation of rights afforded
under the Fifth Amendment to the U.S. Constitution for the
right to indictment by a grand jury
See Doc. 36, pp. 5-6.
government moves to quash Mr. Thompson's memorandum in
support of his motion on the grounds the memorandum exceeds
the allowable page limit. Alternatively, the government
requests Mr. Thompson be ordered to bring his memorandum into