United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
G FLEISSIG UNITED STATES DISTRICT JUDGE
matter is before the Court on Petitioner Richard Haney's
pro se motion filed under 28 U.S.C. § 2255 to vacate,
set aside, or correct his sentence. On August 29, 2012,
Petitioner pled guilty to possession of child pornography, in
violation of 18 U.S.C. § 2252A(a)(5)(B). On February 8,
2013, this Court sentenced petitioner to 40 months in prison,
followed by a lifetime of supervised release. United
States v. Haney, Case No. 4:12-CR-00049-AGF.
now moves to set aside his conviction and sentence, claiming
(1) this Court lacked jurisdiction over his crimes; (2) his
lifetime term of supervised release constitutes double
jeopardy and is excessive; and (3) the Sex Offender
Registration and Notification Act ("SORNA"), 42
U.S.C. § 16901, et seq., under which Petitioner must
register as a sex offender, is unconstitutional. As the
record before the Court conclusively demonstrates that
Petitioner is not entitled to relief, the Court will deny
Petitioner's motion without a hearing.
February 8, 2012, Petitioner was charged with possession of
child pornography, in violation of 18 U.S.C. §
2252A(a)(5)(B). Petitioner was arrested on February 16, 2012,
and the next day, the Court appointed Assistant Federal
Public Defender Michael Dwyer to represent Petitioner. On
Petitioner's motion, a mental competency hearing was held
on June 27, 2012, and the Court determined that Petitioner
was mentally competent to stand trial, and was able to
understand the nature and consequences of the proceedings and
assist properly in his own defense.
August 29, 2012, Petitioner and the government entered into a
plea agreement pursuant to which Petitioner would plead
guilty to the count in the indictment and the government
would pursue no further federal prosecution in this District
related to Petitioner's possession of child pornography
between April 2010 and December 2010, of which the government
was then aware.
plea agreement stated that Petitioner fully understood that
the charge to which he was pleading guilty carried a maximum
penalty of 10 years in prison, a fine of not more than $250,
000, or both such imprisonment and fine, as well as a period
of supervised release of up to life and not less than five
years. The agreement provided that either party could request
a sentence above or below the United States Sentencing
Guidelines range ultimately determined by the Court.
plea agreement, Petitioner acknowledged that special
conditions could be imposed with respect to supervised
release, including prohibiting Petitioner from possessing a
computer, prohibiting Petitioner from contacting minors
without authorization of his probation officer, and requiring
Petitioner to participate in sex offender counseling.
Petitioner further agreed that, as a condition of supervised
release, he would be required to register with the state sex
offender registry in Missouri and in any state where he
resided, worked, or was a student, and would have to comply
with all federal and state sex offender registration laws.
of the plea agreement, Petitioner stipulated to the following
On December 16, 2010, officer Of America s secured a valid
search warrant for [Petitioner's apartment] and for any
computer system or digital media contained within the
On December 16, 2010, officers properly executed the search
warrant at [Petitioner's apartment]. The defendant
answered the door and confirmed his identity as Richard
Haney. Officers advised the defendant that they had a search
warrant and were looking for child pornography. The officers
then gave the defendant his Miranda rights and the
defendant agreed to be interviewed. The defendant
acknowledged that he was using a Peer-2-Peer software program
called “Shareaza” and that he had child
pornography, including several videos, on his computer. He
then admitted that he had 20 to 30 child pornography videos
on his computer and stated that he knew that it was illegal.
The defendant was again given his rights after the search and
interviewed at the St. Louis Police Department. At that
interview the defendant admitted to actively searching for
child pornography as well as downloading it to his computer.
He also admitted deleting child pornography so that he could
free up additional disc space.
The computer was submitted for a forensic examination by a
qualified forensic examiner and the examination revealed that
the defendant's computer and hard drives contained . . .
44 videos and 57 graphic files containing child pornography.
Some of the videos and images contained sadistic or
masochistic abuse of the underage victims. Some of the
victims were under the age of twelve.
. . .
These materials were contained on a Western Digital hard
drive that was produced outside the State of Missouri and
traveled in interstate commerce. The defendant possessed more
than 600 images of child pornography in that each ...