United States v. Reynolds

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, v. Case No. 10-cr-87 (GK) JASON TODD REYNOLDS, Defendant. MEMORANDUM OPINION Petitioner is Jason Todd Reynolds, an inmate in a federal prison, who was convicted of multiple felonies in 2011. Judgment as to Jason Todd Reynolds [Dkt. No. 73]. In 2014, Mr. Reynolds challenged his conviction under 28 U.S.C. § 2255, arguing that his attorney in his criminal trial had provided him with unconstitutionally ineffective assistance [Dkt. No. 96]. Mr. Reynolds’ Motion to Vacate under 28 U.S.C. § 2255 was fully briefed, and the Court held an evidentiary hearing on February 2 and 3, 2015 (“Evidentiary Hearing”). S_ee_ Memorandum Order Denying Motion to Vacate at 6 [Dkt. No. 140]. Ultimately, on February 19, 2015, the Court denied Mr. Reynolds’ Motion to Vacate his conviction. id Mr. Reynolds now asks this Court to vacate the judgment of February 19, 2015, alleging that various officials within the Bureau of Prisons (“BOP”) conspired to keep him from participating in the Evidentiary Hearing, and thereby committed a fraud on this Court and deprived him of his right to due process. Petition for Relief Under Federal Rule 60(b) and 60(d) (“Petition”) [Dkt. No. 151]. In addition, Mr. Reynolds brings a number of ancillary claims alleging that: l) an individual BOP official violated his constitutional rights; 2) various BOP officials have falsified his prison records, resulting in poorer conditions of confinement and the prospect of more time in prison; and 3) the Department of Justice has violated the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. After consideration of the Petition, the Opposition [Dkt. No 155], and the Reply [Dkt. No. 158], and the entire record herein, Mr. Reynold’s Petition will be denied. l. BACKGROUND On January 22, 2014, Mr. Reynolds filed a Motion to Vacate his conviction under 28 U.S.C. § 2255, arguing that his attorney for his trial, Edward Sussman, had provided him with ineffective assistance [Dkt. No. 96]. Mr. Reynolds Was represented by David Bernstein on the § 2255 Motion challenging his conviction. On January 5, 2015, the Court scheduled an Evidentiary Hearing for February 2, 2015. [Dkt. No. 130]. On or around January 14, 2015, the BOP informed Mr. Reynolds that it would not allow him to travel to the Evidentiary Hearing. BOP officials claimed that there had been a chickenpox outbreak at the prison where Mr. Reynolds was held and that medical tests confirmed that he lacked immunity to the chickenpox virus. Therefore, pursuant to BOP protocol, he was not permitted to travel as he posed a transmission risk. On January 21, 2015, Mr. Bernstein filed an Emergency Motion to Compel BOP to produce Mr. Reynolds at the Evidentiary Hearing. [Dkt. No. 131]. On January 28, 2015, the Court held a status conference, by telephone, to discuss the Emergency l\/Iotion. Subsequently, after informal negotiations between the Government and Mr. Bernstein, the parties agreed that Mr. Reynolds would appear by video. Exh. E to Opp’n [Dkt. No. 155-5]. _2_ The Court then held the Evidentiary Hearing, as scheduled, on February 2 and 3, 2015, and Mr. Reynolds participated by video conference Transcript of Motions Hearing Volume 1 (“February 2nd Transcript”) at 5:19-21 (2015) [Dkt. No. 136]. The transcript of the hearing makes clear that Mr. Reynolds was able to testify fully on the morning of February 2, 2015, despite some technical issues. § § at 59:19-22 (in which Mr. Bernstein concluded his questioning and Mr. Reynolds was dismissed); w § at 9:25-10:1, 55:20-56:2 (discussing technical issues, although confirming that Mr. Reynolds was able to see, hear, and participate). At the conclusion of his testimony, the video feed Mr. Reynolds used to testify was disconnected, and he did not participate in the remaining day-and-a-half of the Evidentiary Hearing. I_