United States District Court, N.D. Alabama, Middle Division
LOVELACE BLACKBURN UNITED STATES DISTRICT JUDGE
case is currently pending before the court on petitioner
Quintin Ricardo Jenkins's Motion to Vacate. (Doc. 1,
crim. doc. 37.) The Government has filed a Response and
Motion to Dismiss. (Doc. 6.) Jenkins did not file a reply to
the Government's Response and Motion to Dismiss. For the
reasons set forth below, the court finds that the
Government's Motion to Dismiss is due to be granted and
Jenkins's Motion to Vacate will be dismissed as untimely
filed. In the alternative the court finds that Jenkins's
Motion to Vacate is due to be denied on its merits and his
petition is due to be dismissed.
following facts are set forth in Jenkins's Plea Agreement
- On June 15, 2009, at approximately 9:05 am, Quintin Ricardo
Jenkins entered the Colonial Bank located at 401 Broad Street
in Gadsden, Etowah County, Alabama wearing blue jeans, a polo
shirt, and glasses. Jenkins approached a bank teller and
handed her a note that read, “This is a bomb. Give me
all your money. I have the remote in my hand.” After
viewing a black object resembling a remote in Jenkins['s]
hand, the teller adhered to his request and placed all the
money from her teller drawer along with bait money and a dye
pack in a bag before handing the bag to Jenkins. After taking
approximately $6, 412.00 in United States Currency from the
teller, Jenkins walked out the front door of the bank and
drove away in a maroon van.
Agent Garnett of the Federal Bureau of Investigation reviewed
the surveillance photographs from the bank robbery and
subsequently released these images of the suspect and a
description of the maroon van used in the bank robbery to the
local Gadsden, Alabama media. After the surveillance
photographs from the bank were published, multiple people,
including Jenkins'[s] wife, mother and uncle, called and
notified law enforcement that Jenkins was the suspect
depicted in the photograph. Jenkins'[s] wife also
confirmed that Jenkins drove a maroon van identical to the
getaway vehicle seen driven by the Colonial Bank robber.
Agent Garnett reviewed Jenkins photograph in a law
enforcement database and positively identified him as the
same individual in the bank surveillance photographs.
Law enforcement received information that Jenkins was staying
at a location in Huntsville, Alabama with a female friend.
Agents with the Federal Bureau of Investigation went to the
location and were met by Jenkins. When approached by the
agents, Jenkins stated that he knew agents were there because
he had robbed the bank. During the search incident to arrest,
law enforcement found a bag and a wallet in Jenkins['s]
possession containing dye stained money from the bank
robbery. Jenkins was taken into custody and transported to
the local jail.
(Crim. doc. 27 at 2-3.) At the plea colloquy, Jenkins
testified that these facts were “substantially
correct.” (Crim. doc. 38 at 16-18.)
1, 2010, the United States filed a single-court Indictment
against Jenkins, which charged him as follows:
That on or about the 15th day of June, 2009, in Etowah
County, within the Northern District of Alabama, the
QUINTIN RICARDO JENKINS,
did knowingly, intentionally, and unlawfully, by force,
violence and intimidation take from the person and presence
of another, money, that is United States currency, belonging
to and in the care, custody, control, management and
possession of Colonial Bank, the deposits of which were then
insured by the Federal Deposit Insurance Corporation, and in
committing said offense, did assault or put in jeopardy the
life of another person by the use of a dangerous weapon, in
violation of Title 18, United States Code, Sections 2113(a)
(Crim. doc. 8 [footnote added].)
the Indictment, Jenkins's counsel requested, and was
granted, funds for the purpose of obtaining an independent
psychological evaluation. (Crim docs. 10 and 11.) The court
also ordered an examination of Jenkins by a forensic
psychologist. (Crim. Doc. 24.) The forensic psychologist
On August 19, 2009, Quentin Ricardo Jenkins was interviewed
and assessed in accordance with a Court Order signed by the
Honorable Harwell G. Davis, III, Magistrate Judge of the
United States District Court for the Northern District of
Alabama. Jenkins has been charged with Bank Robbery.
Jenkins remained cooperative and sufficiently attentive for
completion of the evaluation. Given his level of cooperation
and the availability of collateral data the following
opinions are rendered with a reasonable degree of
The defendant reportedly has a history of psychiatric
intervention commencing around twenty-five years ago and he
has been diagnosed with Schizoaffective Disorder. Presently,
he is prescribed psychotropic medication for treatment of
this disorder and he was psychiatrically stable at the time
of this evaluation. The defendant's history also is
remarkable for criminal activities, mainly robbery[, ] for
which he has been incarcerated.
With regard to his competence to stand trial it is my opinion
that Jenkins is aware of his charge and the allegations
against him. Similarly, he has a good understanding of the
potential consequences of his legal situation, roles of
courtroom participants and of common court related procedures
including plea bargaining process. Notably, Jenkins has been
involved;n court-related procedures previously and apparently
without difficulty. During this evaluation he claimed to be
willing to work with counsel and anxious to proceed with the
disposition of his case. He demonstrated no difficulty in
communicating and provided a personal version of the alleged
incident that was logical and coherent. His ability to serve
in such role will be dependent on continued compliance with
As to his mental state at the time of the alleged offense it
is my opinion that despite history of a serious mental
illness Mr Jenkins was at the time in question[, ] and in
regard to the specific behaviors in question, able to
understand and appreciate the nature and wrongfulness of his
actions and could distinguish right from wrong.
(Crim. doc. 26 at 7.) Following the filing of this report,
Jenkins notified the court of his intention to plead guilty
pursuant to a Plea Agreement.
Plea Colloquy, the court discussed the forensic
psychologist's report and Jenkins's mental state:
[THE COURT:] Let me ask you, Mr. Tuten, [defendant's
counsel] based on your interaction with your client, do you
agree with [the forensic psychologist's] assessment?
MR. TUTEN: Well, Judge, I'm certainly not a doctor, but I
do agree with the assessment.
THE COURT: And let me ask more specifically, do you agree
with her assessment that he is competent now to enter a plea
of guilty and to assist you in his defense should he decide
to go to trial?
MR. TUTEN: Yes, ma'am.
THE COURT: That's really the only questions I think I
want to ask you.
. . .
THE COURT: . . . [B]ased on [the forensic psychologist's]
report and defendant's counsel's belief that he is
able to assist him in his defense and that he is competent to
enter this plea of guilty, [the court finds] that [Jenkins]
is, in fact, competent to enter his plea of guilty.
. . .
THE COURT: Within the past 72 hours, have you taken or
received any medication, drugs or narcotics?
THE DEFENDANT: Yes, ma'am.
THE COURT: Could you tell me what those are?
THE DEFENDANT: Haldol and Cogentin.
. . .
THE COURT: Haldol, is that an antipsychotic? What is that
THE DEFENDANT: Yes, ma'am.
THE COURT: Tell me what you understand it to be.
THE DEFENDANT: Well, I have a sleeping disorder, and it helps
with the sleeping disorder and paranoia.
THE COURT: And the other medication ...