United States District Court, D. Delaware
Shabazz. Pro Se Petitioner.
V. Sullivan, Deputy Attorney General of the Delaware
Department of Justice, Wilmington, Delaware. Attorney for
U.S. DISTRICT JUDGE.
before die Court is an Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2254 filed by Petitioner
Aleem Shabazz ("Petitioner")- (D.I. 1; D.I. 5) The
State has filed an Answer in Opposition. (D.I. 8) For the
reasons discussed, the Court will dismiss the Petition.
State Criminal Cases
March 12, 2010, Petitioner was arrested in New Castle County,
Delaware, in connection with a series of burglaries. Two
separate criminal cases were opened in the Delaware Superior
Court: No. 1001022220 and No. 1003005615. (D.I. 8 at 1) On
March 29, 2010, a New Castle County grand jury charged
Petitioner by indictment in No. 1001022220. Petitioner posted
bail in both cases and was released in April 2010. On May 10,
2010, a New Castle County grand jury charged Petitioner by
indictment in both cases, and case No. 1003005615 was
consolidated into case No. 1001022220 (hereinafter referred
to as "Consolidated Case A"). (D.I. 8 at 2)
14, 2010, Petitioner was arrested in connection with
additional burglaries he committed while on pretrial release.
On August 2, 2010, a New Castle County grand jury charged him
with additional offenses (hereinafter referred to as
"Case B"). (D.I. 8 at 2)
September 20, 2010, Petitioner entered a guilty plea in
Consolidated Case A to three counts of second degree
burglary, two counts of third degree burglary, and second
degree conspiracy, in exchange for which the State agreed to
enter a nolle prosequi on the balance of die
indictment. (D.I. 8 at 2) A week later, on September 27,
2010, Petitioner entered a guilty plea in Case B to
possession of burglary tools and misdemeanor criminal
February 4, 2010, the Superior Court sentenced Petitioner in
both cases (Consolidated Case A and Case B) to an aggregate
of sixteen years at Level V incarceration, suspended after
three years for two years at Level IV work release, suspended
after nine months for one year and three months of Level III
probation. Petitioner did not appeal or file any
post-conviction motions. (D.I 8 at 2)
April 2014, Petitioner was charged with possession of drug
paraphernalia while he was on Level III probation. (D.I. 1 at
1, 4) A violation of probation (“VOP”)
report was not filed in his two state criminal cases at that
time. (Id.) Instead, a VOP supplemental report was
docketed in Consolidated Case A on March 30, 2015 and in Case
B on April 1, 2015. (D.L 8 at 2) The docket states:
"According to P&P, report originally filed in August
2014, but never docketed or defendant scheduled. A
supplemental report has been filed requesting a capias."
(Id.) Petitioner was taken into custody on the
capias, but then turned over to federal authorities. (D.I 8
at 2-3) When Petitioner filed the instant Petition, the
Superior Court had not yet adjudicated the VOP in either
case. However, it appears that the Superior Court found
Petitioner in violation in both cases on October 26, 2017.
See Shabazz v. State, 183 A.3d 1257
(Table), 2018 WL 1445710, at *1 (Del. Mar. 22, 2018).
Petitioner appealed, but the Delaware Supreme Court dismissed
the appeal on March 22, 2018 due to Petitioner's failure
to file the appropriate forms and his failure to respond to
the Delaware Supreme Court's notice to show cause.
Federal Criminal Case
April 28, 2015, Petitioner was indicted in this Court on six
firearms related offenses. See United States v.
Shabazz, Crim. No. 15-20-LPS D.I 1. On February 4, 2016,
a federal jury convicted Petitioner of four of the six
offenses on which he was tried, relating to straw purchases
and unlawful possession of firearms. See Id. D.I 52,
D.L 53. The parties disputed whether Petitioner's
previous convictions under Delaware's second degree
burglary statute constituted violent felonies subjecting him
to a fifteen-year mandatory minimum sentence under the Armed
Career Criminal Act, 18 U.S.C. § 924(e)
("ACCA"). See Id. D.I 93 at 2-3. The
parties submitted several rounds of briefs on the issue and
the Court heard oral argument on the applicability of ACCA on
April 6 and August 29, 2017. At the conclusion of the August
29, 2017 hearing, the Court ...