United States District Court, S.D. Alabama, Southern Division
V. S. GRANADE SENIOR UNITED STATES DISTRICT JUDGE
matter is before the court on Petitioner Freeman
Jockisch's Motion to Vacate, Set Aside, or Correct
Sentence pursuant to 28 U.S.C. § 2255. (Doc. 80). For
the reasons enumerated below, the court finds that the
petitioner's motion is due to be DENIED.
FACTUAL AND PROCEDURAL BACKGROUND
petitioner, Freeman Jockisch (“Jockisch”), was
convicted of one count of using the Internet to
“attempt to persuade, induce, entice, and coerce”
a minor “to engage in criminal sexual activity”,
in violation of 18 U.S.C. § 2422(b). (Doc. 1, 28, 60).
his trial, Jockisch was sentenced to 120 months imprisonment.
(Doc. 40). Jockisch appealed his conviction and sentence,
both of which were affirmed by the Eleventh Circuit Court of
Appeals in a published opinion. (Doc. 72).
relevant facts, as stated by the Eleventh Circuit Court of
Appeals are as follows:
On July 2, 2013, Officer James Morton, posing as a
15-year-old girl named “Sara, ” posted a personal
ad on Craigslist's “casual encounters” page.
The ad, titled “BORED TO TEARS - w4m, ”
[footnote: The abbreviation “w4m” is shorthand
for “woman seeking a man.”] stated,
“I'm bored and everyone is out of the house till
Saturday. So you can like hit me [up] or whatever. I may have
a friend come over and hang but it aint the same.”
Within a half hour, Defendant replied to Sara's ad,
“SEND ME A PICTURE AND LETS DO IT, OK.” Sara
responded one minute later, “hey. do you have like a
pic 2?” Defendant sent Sara a photo of himself.
Defendant then insisted that Sara send him a photo of
herself. Sara initially ignored Defendant's demands. She
also told Defendant that her family was out of town for the
week and that she was home alone. Sara then sent Defendant a
head shot. Defendant asked Sara, “do you want me to
make love to you[?]” When Defendant suggested that they
meet up, Sara told Defendant that she could not drive because
she was only 15 years old. Defendant then told Sara that she
is a “pretty lady” and that he would “make
her feel goo[d].” Sara asked Defendant how he would
make her feel good, and he responded, “by making love
to you is that alright[?]” Defendant e-mailed Sara,
again asking how old she was. In the midst of emails
discussing possible times to meet up, Sara restated that she
was 15 years old. Defendant requested a full-body photo of
Sara. She refused, claiming that she did not like the way she
looked. A few minutes later, Defendant wrote to Sara,
“sugar, i am kind of scared if you are just 15, they
will put me under the jail.” Defendant and Sara agreed
to keep their planned rendezvous a secret, and Sara told
Defendant the neighborhood she lived in. Defendant renewed
his request for a full-body photo, but Sara refused. The
Again posing as Sara, Officer Morton posted a second
Craigslist ad on November 2, 2013. The ad, titled
“halloween was lame - w4m, ” stated “My
Halloween was so lame. now my weekend and this week just got
boring before it even like starts. There aint nothing to do
or anyone who wants to do anything. Bored.” Eleven days
later, Defendant replied to the ad, “i want to make
love to you”; he also provided his phone number.
Defendant and Sara exchanged e-mails. Defendant realized that
Sara was the same 15-year-old girl he had been e-mailing in
July. Defendant asked if he could visit Sara at her
apartment. Citing her mother's presence, Sara declined,
but suggested that they meet over the weekend instead.
The two did not communicate for more than a week. Defendant
then reinitiated the conversation. Sara provided her cell
phone number and Defendant called her. [footnote: Officer
Morton's female colleague pretended to be Sara during the
phone call.] After the call, Sara e-mailed Defendant her
address and Defendant replied, “I AM MY WAY.”
Police detained Defendant when he arrived at the address Sara
provided, and he was later arrested.
(Doc. 72 at 3-5). On December 27, 2017, Jockisch filed the
instant petition which raises four claims of ineffective
assistance of counsel. (Doc. 80). Specifically, Jockisch
claims his trial counsel was ineffective because (1)
“Mr. Dean failed to adequately familiarize himself with
the charging statute”, (2) “he failed to realize
that neither the facts nor the evidence was sufficient to
support the jury's verdict of guilt (conviction)”,
and (3) “he failed to raise an obvious error in
jurisdiction”. (Id. at 4, 8, 11). Finally,
Jockisch claims his appellate counsel was ineffective because
“he failed to recognize and/or failed to raise
meaningful errors in the record rather than the sure losers
he did raise.” (Id. at 14). The Government
timely filed a response on February 26, 2018, arguing that
Jockisch's petition should be denied in its entirety.
(Doc. 83, generally). Jockisch timely replied. (Doc. 85). The
matter is now ripe for adjudication.
relief is an extraordinary remedy which “may not do
service for an appeal.” United States v.
Frady, 456 U.S. 152, 165 (1982). A defendant who has
waived or exhausted his right to appeal is presumed to stand
“fairly and finally convicted.” Id. at
164. Unless a claim alleges a lack of jurisdiction or a
constitutional error, the ...