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Anderson v. United States

United States District Court, E.D. Missouri, Eastern Division

March 13, 2019

TIMOTHY ANDERSON, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          MEMORANDUM AND ORDER

          RODNEY W. SIPPE'L UNITED STATES DISTRICT JUDGE.

         Timothy Anderson seeks to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. Anderson was convicted by a jury of conspiring to distribute in excess of one kilogram of heroin and possession with the intent to distribute in excess of one kilogram of heroin. No. 4:13 CR 164 RWS. He was sentenced to 324 months' imprisonment on Count I and 240 months' imprisonment on Count II, with the terms to be served concurrently. Anderson appealed, and the Eighth Circuit Court of Appeals affirmed his conviction and sentence. United States v. Anderson, 854 F.3d 1033 (8th Cir. 2017). Anderson petitioned the Eighth Circuit for rehearing by the panel or rehearing en banc, which was denied on July 31, 2017. [Doc. # 925-26 in No. 4:13 CR 164 RWS]. Anderson petitioned the United States Supreme Court for certiorari, which was denied on November 13, 2017. [Doc. # 935 in No. 4:13 CR 164 RWS].

         Anderson then filed this § 2255 motion pro se, raising the following grounds for relief:

1) Ineffective assistance of trial counsel for failing to file pretrial motions based on the Religious Freedom Restoration Act of 1993 (“RFRA”);
2) Ineffective assistance of trial counsel for failing to inform him that the RFRA defense was meritless;
3) The court failed to dismiss the indictment as insufficient on its face;
4) Judicial misconduct;
5) Ineffective assistance of appellate counsel; and 6) Grounds re-raising his objections to the Court's rulings on his RFRA defense (Grounds 6-8 and “Exhibit 2”).

         Anderson then sought leave to amend his § 2255 motion to assert the following grounds for relief:

1) His sentence violated his right to indictment by grand jury;
2) The statutes under which he was convicted were arbitrary and unreasonable, violating his due process rights;
3) The statutes under which he was convicted deprived him of a right to a fair trial;
4) The statutes under which he was convicted are unconstitutionally vague;
5) The statutes under which he was convicted impermissibly permitted the jury to infer his ...

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