UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
__________________________
ROSHAWN MARCELL CARROLL,
Petitioner,
v.
Case No. 5:06-CV-05
(Criminal Case No. 1:04-CR-244)
UNITED STATES OF AMERICA,
HON. GORDON J. QUIST
Respondent.
______________________________/
OPINION
This Court has before it Roshawn Marcell Carroll’s (“Petitioner”) Motion under 28 U.S.C.
§ 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. For the following
reasons, Petitioner’s motion will be denied.
I.
Procedural History
In June, 2004, Michigan state law enforcement officials arrested Petitioner for carrying a
concealed weapon, felon in possession of a firearm, and felony firearm. The state officers brought
Petitioner to the attention of federal authorities, and on October 26, 2004, Petitioner was indicted
for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). The state of
Michigan subsequently dismissed the state charges without prejudice on January 14, 2005, and
Petitioner was prosecuted only by the federal government. On December 22, 2004, Petitioner pled
guilty to felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). On March 21, 2005,
this Court sentenced Petitioner to 46 months incarceration, and Judgment was entered on March 23,
2005. Petitioner did not appeal his conviction or sentence. On January 5, 2006, Petitioner filed this
Motion under 28 U.S.C. § 2255.
2
As best can be determined, Petitioner has two main arguments: (1) that he was selectively
prosecuted by federal authorities under the Project Safe Neighborhoods (“PSN”) program and that
this program discriminates against African-Americans; and (2) that both his state and federal
attorneys were ineffective because they failed to properly inform Petitioner about the Project Safe
Neighborhoods program and they failed to secure him a plea agreement in state court with a two-
year sentence. Because each claim lacks merit, the § 2255 motion will be denied.
II.
Discuss