United States District Court, D. Kansas
MEMORANDUM AND ORDER
JULIE A. ROBINSON, District Judge.
This matter is before the Court on Petitioner Tremaine Beadle's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (Docs. 96, 97). In his motion, Petitioner seeks relief on grounds that he was denied effective assistance of counsel. The Government has responded (Doc. 103), and Petitioner has replied (Docs. 104, 105). After a careful review of the record and the arguments presented, the Court denies Petitioner's motion without further evidentiary hearing.
I. Factual and Procedural Background
On December 7, 2010, Petitioner was charged with one count of bank robbery, in violation of 18 U.S.C. § 2113. Petitioner was represented by numerous court-appointed attorneys over the course of these proceedings. Jason Belveal was Petitioner's third attorney; he represented him at trial and filed several post-trial motions. On October 11, 2011, Belveal was appointed Jefferson County Attorney,  and withdrew prior to sentencing. Joseph Huerter was appointed substitute counsel and represented Petitioner at sentencing and on his direct appeal.
On October 4 and 5, 2012, a jury tried Petitioner on the bank robbery charge, where the parties presented the following facts:
During October 2010, Petitioner was residing at the Grossman Center in Leavenworth, Kansas. The Grossman Center is a federal reentry center where the Bureau of Prisons releases inmates to facilitate their reentry back into the community. On October 19, 2010, Petitioner signed out of the Grossman Center at 6:48 a.m. and returned at 5:00 p.m.
On October 19, 2010, at 2:12 p.m., Topeka, Kansas police officers were dispatched to the Kaw Valley Bank located at 1944 N.W. Topeka Boulevard. Upon arrival the officers made contact with Kayla Augustine, a teller with a station close to the public entrance. Augustine reported the bank had been robbed by two African-American males. One of the men was wearing a Halloween ghost mask, and the other was wearing a white ball cap over panty hose that he had pulled over his face.
Augustine reported that when the two men entered the bank, the man with the Halloween mask jumped the two gates that separated the teller and the public areas of the bank. Once behind the tellers' counter, he demanded money from all the tellers and took money from their drawers. He yelled at the tellers to open their drawers and threatened to shoot them. While this was going on, the other man stood in the bank lobby and watched. An audit of the bank indicated a loss of $12, 805.00.
On November 12, 2010, Scott Gentine, a Special Agent with the Federal Bureau of Investigation, received an anonymous tip from a caller who reported that she had heard from an individual incarcerated at the Grossman Center that Petitioner had committed a bank robbery on October 19 in Topeka. Gentine followed up on the tip, and interviewed Petitioner at the Corrections Corporation of America ("CCA") facility in Leavenworth, Kansas, on December 1, 2010,  where he was held after walking away from the Grossman Center on October 26, 2010.
Before asking Petitioner any questions, Agent Gentine verbally advised him of his Miranda rights and showed him a form advising him of his rights, which he read to Petitioner. Petitioner signed the form, acknowledging his rights, waiving his rights, and agreeing to speak with Agent Gentine. The Court admitted the document bearing Petitioner's waiver at the jury trial as Government Exhibit 3.
During the interview, Agent Gentine asked Petitioner if he had been involved with the bank robbery in question. Petitioner told Agent Gentine that he was involved. He explained that while at the Grossman Center, he began receiving threats to himself and family members from other residents, in regards to his prior cooperation with law enforcement in another case involving a bank robbery with Randall Thomas. Petitioner stated a resident named "Solo" blackmailed him into assisting him with the Kaw Valley Bank robbery, and threatened to harm Petitioner's wife if he did not help him commit the bank robbery.
Petitioner told Agent Gentine that he arranged to leave the Grossman Center to go job-seeking on October 19, 2010. He went to Kansas City, where "Solo" picked him up at the intersection of Tenth and Main Street. They drove to Topeka, where they scouted potential banks to rob. When they decided on Kaw Valley Bank, they pulled into the parking lot and put on masks provided by Solo. Petitioner reported that after they entered the bank, he stayed at the door while Solo approached the tellers and took the money. He stated that soon after the robbery, they drove back to Leavenworth and split the proceeds; Solo gave Petitioner $4000. During the interview, Petitioner viewed a photo taken from a video surveillance of the robbery and identified himself in the picture as the man wearing the white ball cap, and the other individual in the photo as Solo.
Agent Gentine testified that Petitioner had committed bank robberies of Topeka banks on three prior occasions: 1) he helped Randall Thomas rob the Kaw Valley State Bank on November 13, 2006; 2) he robbed another Kaw Valley State Bank on November 24, 2006; and 3) he robbed the Capital City Bank on November 28, 2006.
Petitioner testified in his defense. Specifically, he testified that during his stay at the Grossman Center, he received threats from other residents because he had cooperated with law enforcement in the past; that other residents, including Solo, threatened to kill him if he did not commit this bank robbery to obtain money to buy drugs for the other residents in the Grossman Center; that on October 18, 2010, Solo picked him up at Tenth and Main in Kansas City; that Petitioner suggested they rob the Kaw Valley Bank in Topeka; that they robbed the bank at 2:11 p.m., he got ...