Filed: Jan. 28, 2015
Latest Update: Jan. 28, 2015
Summary: ORDER MARK R. ABEL, Magistrate Judge. Petitioner Lance K. Poulsen, a federal prisoner, brings the instant Amended Motion to Vacate, Set aside or Correct Sentence pursuant to 28 U.S.C. 2255. The charges in this case, Crim. No. 2:07-cr-00209 ("Obstruction Case") relate to Petitioner's convictions on conspiracy to commit securities fraud, wire fraud, and money laundering (Crim. No. 2:-6-cr-00129(1))("Securities Case"). Petitioner proceeded to trial on the Obstruction Case while the Securiti
Summary: ORDER MARK R. ABEL, Magistrate Judge. Petitioner Lance K. Poulsen, a federal prisoner, brings the instant Amended Motion to Vacate, Set aside or Correct Sentence pursuant to 28 U.S.C. 2255. The charges in this case, Crim. No. 2:07-cr-00209 ("Obstruction Case") relate to Petitioner's convictions on conspiracy to commit securities fraud, wire fraud, and money laundering (Crim. No. 2:-6-cr-00129(1))("Securities Case"). Petitioner proceeded to trial on the Obstruction Case while the Securitie..
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ORDER
MARK R. ABEL, Magistrate Judge.
Petitioner Lance K. Poulsen, a federal prisoner, brings the instant Amended Motion to Vacate, Set aside or Correct Sentence pursuant to 28 U.S.C. § 2255.
The charges in this case, Crim. No. 2:07-cr-00209 ("Obstruction Case") relate to Petitioner's convictions on conspiracy to commit securities fraud, wire fraud, and money laundering (Crim. No. 2:-6-cr-00129(1))("Securities Case"). Petitioner proceeded to trial on the Obstruction Case while the Securities Case remained pending. On September 8, 2008, the District Court sentenced Petitioner to an aggregate term of 120 months incarceration, to be served concurrently with his sentence of 360 months in the Securities Case. ECF 139.
Petitioner filed a motion to vacate under § 2255 challenging his convictions in the Securities Case. Poulsen v. United States, No. 2:13-cv-259; Crim. No. 2:06-cr-129. That case remains pending. Petitioner characterizes this habeas corpus petition as a companion to that case. He incorporates by reference here the same arguments he makes in those proceedings. Amended Petition, ECF 192, PageID# 3181 (incorporating ¶¶ 15-79 of Poulsen v. United States, Crim. No. 2:06-cr-129). Petitioner indicates that he raises the same issues for review in both habeas corpus petitions — i.e., he alleges that the government improperly interfered with his right to counsel of choice, resulting in the denial of due process and effective assistance of counsel. Respondent likewise incorporates the same arguments made in the response to the motion to vacate sentence in the Securities Case. Answer, ECF 197, PageID# 3213. Respondent additionally argues that this case is barred by the one-year statute of limitations for the filing of federal habeas corpus petitions.
Because the § 2255 cases are so related and because Petitioner appears to raise the same claims in his motion to vacate, set aside or correct sentence in regard to his Obstruction Case as well as his Securities Case, the Court hereby CONSOLIDATES these cases for review.
IT IS SO ORDERED.
