UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, v. Crim. Action No. 11-372-1 (EGS) DONNELL CREWS, Defendant. MEMORANDUM OPINION I. Introduction Defendant Donnell Crews (“Mr. Crews” or “Defendant”) was convicted by a jury of attempted interference with commerce by robbery. See Judgment, ECF No. 266 at 1.1 He was sentenced to 225 months of imprisonment. Id at 2. Mr. Crews seeks to set aside or correct his sentence, pursuant to 28 U.S.C. § 2255, making two arguments in favor of setting aside his conviction or granting a new trial. First, he argues ineffective assistance of counsel in violation of his Sixth Amendment Rights. See Def.’s § 2255 Mot. (“Def.’s Mot.”), ECF No. 301 at 5-9; Def.’s Suppl. Mot. to Correct Sentence (“Def.’s Suppl. Mot.”), ECF No. 304 at 3; Def.’s Suppl. to Mot. for New Trial (“Def.’s Add’l Suppl. Mot.”), ECF No. 331 at 11, 19. Second, he argues that his 1 When citing electronic filings throughout this Memorandum Opinion, the Court cites to the ECF header page number, not the original page number of the filed document. 1 sentence should be reconsidered based upon the Supreme Court’s rulings in Johnson v. United States, 135 S. Ct. 2551, 2560 (2015), and United States v. Davis, 139 S. Ct. 2319 (2019). See Def.’s Add’l Suppl. Mot, ECF No. 331 at 26. Pending before the Court are Mr. Crews’s motion to compel discovery, and his 28 U.S.C. § 2255 motion for a new trial or for a correction in his sentence. Upon consideration of the motions, responses, and the replies thereto, the applicable law and regulations, the entire record and the materials cited therein, the Court DENIES the motion to compel, ECF No. 289; DENIES the § 2255 motion, ECF No. 301; DENIES the supplemental motion to correct sentence, ECF No. 304; and DENIES the supplement to motion for a new trial, ECF No. 331. II. Factual and Procedural Background A. Attempted Hobbs Act Robbery On September 21, 2011, three men attempted to rob Hugh Whitaker, an employee of a cash-in-transit company, while he exited a CVS with approximately $10,000 in cash. United States v. Crews, 856 F.3d 91, 92-93 (D.C. Cir. 2017). One of the men drew a handgun and demanded the cash Mr. Whitaker was carrying. Id. at 92. In response, Mr. Whitaker drew his own handgun and the two men exchanged gunfire. Id. Mr. Whitaker retreated into the CVS uninjured, and the three men–later identified as Mr. Crews, Kirk Dean, and Anthony James–fled the scene. Id. 2 The police stopped Mr. Crews and Mr. James a few blocks away, and a witness identified them as being two of the men who had confronted Whitaker. Id. at 92-94. Meanwhile, a fourth man, Antwon Crowder, who had driven the other three to the CVS, drove the injured Kirk Dean to a hospital. Id. at 93-94. Mr. Dean had sustained two gunshot wounds during the CVS gunfire exchange, but died from a separate gunshot wound, unrelated to …
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