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Thompson v. United States

United States District Court, D. South Dakota, Western Division

March 28, 2017

SCOTT THOMPSON, Movant,
v.
UNITED STATES OF AMERICA, Respondent.

          ORDER ON MOTION

          VERONICA L. DUFFY United States Magistrate Judge.

         INTRODUCTION

         This 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 Court.

         FACTS

         On May 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).

         The 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.[1] 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 direct appeal.

         Mr. 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. Constitution
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.

         DISCUSSION

         The 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 ...


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