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United States v. Farah

United States District Court, Eighth Circuit

August 26, 2013

UNITED STATES OF AMERICA, Plaintiff-Respondent,
v.
(5) FAWSIYO HASSAN FARAH, Defendant-Petitioner. Civil No. 13-730 (MJD)

Lola Velazquez-Aguilu, Assistant United States Attorney, Counsel for Plaintiff-Respondent.

Fawsiyo Hassan Farah, pro se.

MEMORANDUM OF LAW & ORDER

MICHAEL J. DAVIS, Chief District Judge.

I. INTRODUCTION

This matter is before the Court on Petitioner Fawsiyo Hassan Farah's pro se Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. [Docket No. 931]

II. BACKGROUND

On March 8, 2011, Petitioner Fawsiyo Hassan Farah was indicted in a bank fraud conspiracy case. [Docket No. 34] A Superseding Indictment was filed on June 7, 2011. [Docket No. 389] Petitioner was indicted on Count 1, bank fraud conspiracy; Count 9, bank fraud; Count 28, bank fraud; and Count 46, aggravated identity theft.

On August 15, 2011, Petitioner Fawsiyo Hassan Farah pled guilty to Count 9 of the Superseding Indictment, Bank Fraud, in violation of 18 U.S.C. §§ 1344, 2; and Count 46 of the Superseding Indictment, Aggravated Identity Theft, in violation of 18 U.S.C. §§ 1028A, 2.

At the July 18, 2012 sentencing hearing, the Court determined that the applicable Guidelines were as follows:

Total Offense Level: 14 Criminal Category: I Imprisonment Range: 15 to 21 months, plus 24 months consecutive on Count 46 Supervised Release: 2 to 5 years Fine Range: $4, 000 to $1 million Special Assessment: $200

The Court then varied downward and sentenced Defendant to a term of 33 months, consisting of 9 months on Count 9 and 24 months on Count 46, to be served consecutively.

Petitioner did not file an appeal.

III. DISCUSSION

A. Standard for Relief under 28 ...


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