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Hill v. Rivera

United States District Court, E.D. Arkansas, Eastern Division

October 4, 2018

STEVEN E. HILL REG # 17672-035 PETITIONER
v.
C.V. RIVERA, Warden RESPONDENT

          PROPOSED FINDINGS AND RECOMMENDATIONS

          JOE J. VOLPE, UNITED STATES MAGISTRATE JUDGE.

         INSTRUCTIONS

         The following recommended disposition has been sent to United States District Judge J. Leon Holmes. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in a waiver of the right to appeal questions of fact.

         If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a new hearing for this purpose before either the District Judge or Magistrate Judge, you must, at the time you file your written objections, include the following:

1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence to be proffered at the new hearing (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The details of any testimony desired to be introduced at the new hearing in the form of an offer of proof, and a copy or the original of any documentary or other non-testimonial evidence desired to be introduced at the new hearing.

         From this submission, the District Judge will determine the necessity for an additional evidentiary hearing. Mail your objections and “Statement of Necessity” to:

Clerk, United States District Court Eastern District of Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR 72201-3325

         DISPOSITION

         I. BACKGROUND

         On October 24 and 25, 2012, Sergeant Steven E. Hill was tried by General Court Martial at Fort Stewart, Georgia. (Doc. No. 8-1.) He was found guilty of one charge of rape, one charge of sexual harassment of a subordinate soldier and two charges of wrongful sexual contact, for which he was sentenced “To be reduced to the grade of Private (E-1); to forfeiture of all pay and allowances; to be confined for 20 years; [and] to be discharged with a Dishonorable Discharge.” (Id. at 1-2.) The Convening Authority, Commanding General John M. Murray, ordered the sentence to be executed “except for that part of the sentence extending to a Dishonorable Discharge.” (Id. at 3.)

         The United States Army Court of Criminal Appeals, in a per curiam opinion stated, “On consideration of the entire record, including consideration of the issues personally specified by the appellant, we hold the findings of guilty and the sentence is approved by the convening authority correct in law and fact. Accordingly, those findings of guilty and the sentence are AFFIRMED.” (Doc. No. 8-2.) The United States Court of Appeals for the Armed Forces denied his petition for review on November 2, 2015 and denied his petition for reconsideration on February 17, 2016. (Doc. No. 8-3.)

         On January 9, 2017, Mr. Hill filed a pro se Petition for ...


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