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Jockisch v. United States

United States District Court, S.D. Alabama, Southern Division

May 23, 2019

FREEMAN EUGENE JOCKISCH, Petitioner
v.
UNITED STATES OF AMERICA, Respondent.

          ORDER

          CALLIE V. S. GRANADE SENIOR UNITED STATES DISTRICT JUDGE

         This 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.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         The 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).

         Following 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).

         The 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 conversation ended.
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.

         II. §2255 STANDARD

         Habeas 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 ...


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