Chase Alone v. United States of America

UNITED STATES DISTRICT COURT oa.o
Clip 2 0 SlL
DISTRICT OF SOUTH DAKOTA ^ ^^
WESTERN DIVISION '
HENRY CHASE ALONE a/k/a HENRY 5:22-CY-5020-CBK
BLACK ELK,
Petitioner, ORDER
vs.
UNITED STATES OF AMERICA,
Respondent.
Petitioner was convicted oftwo counts of sexual exploitation of a minor and one
count of aggravated incest, arising out offorcing his 15-year-old daughter to have sexual
intercourse with her boyfriend and many others and repeatedly forcing her to have sexual
intercourse with petitioner. He was sentenced to 360 months imprisonment for each of
the sexual exploitation convictions and 180 months for the incest conviction, all such
sentences to run consecutively to one another, for a total of900 months. He appealed his
convictions and sentences and the United States Court of Appeals for the Eighth Circuit
affirmed. United States v. Chase Alone, 822 Fed.Appx. 513 (8th Cir. 2020)(per curiam)
{unpublished).
Petitioner filed a motion to vacate, set aside, or correct sentence pursuant to 28
U.S.C. § 2255. The motion was denied upon initial review as untimely and a certificate
of appealability was denied. Petitioner sought a certificate of appealability from the
Eighth Circuit. The Eighth Circuit granted a certificate of appealability on the claim that
counsel rendered ineffective assistance in plea negotiations and remanded that claim for
further proceedings on the merits. I have conducted an initial consideration ofthe
motion, as required by Rule 4 of the Rules Governing Section 2255 Proceedings for the
United States District Courts.
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Petitioner eontends that the prosecution made a "15 year plea offer." He claims
that counsel was ineffective in failing to accurately advise him concerning the desirability
and benefits of accepting the plea offer, including advising petitioner of a likely guideline
range if convicted ofthe charges after a trial. Petitioner eontends that counsel's alleged
deficient performance deprived petitioner of the opportunity to make an informed
decision whether to accept the proposed plea offer. Good cause appearing,
IT IS ORDERED:
1. The Clerk of Court shall deliver or serve a copy ofthe motion to vacate and a
copy of this order upon the United States Attorney for the District of South Dakota.
2. Pursuant to Rule 4 ofthe Rules Governing § 2255 Proceedings, the United
States Attorney in and for the District of South Dakota shall serve and file an answer or
responsive pleading to the claim that counsel was ineffective in failing to provide
effective assistance of counsel in relation to a proposed plea offer, together with a legal
brief or memorandum in support thereof, that complies with Rule 5 ofthe Rules
Governing § 2255 Proceedings on or before October 31, 2022.
3. Petitioner may submit a reply to the government's answer on or before 30 days
after receipt ofthe government's answer.
DATED this of September, 2022.
BY THE COURT:
CHARLES B. KORNMANN
United States District Judge
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