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United States v. Harrell

United States District Court, Eighth Circuit

November 26, 2013

UNITED STATES OF AMERICA, Plaintiff/Respondent,
v.
LEMARC JOHN HARRELL, Defendant/Petitioner. Criminal No. 6-104 (MJD)

Andrew R. Winter, Assistant United States Attorney, Counsel for Plaintiff.

Lemarc John Harrell, pro se.

MEMORANDUM OF LAW & ORDER

MICHAEL J. DAVIS, Chief District Judge.

I. INTRODUCTION

This matter is before the Court on Petitioner'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. 64]; Petitioner's Application to Proceed in District Court Without Prepaying Fees or Costs [Docket No. 65]; and Government's Motion to Dismiss Defendant's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 [Docket No. 69].

II. BACKGROUND

Petitioner Lemarc John Harrell pled guilty to Conspiracy to Commit Money Laundering, in violation of 18 U.S.C. § 1956(h). On January 18, 2007, this Court sentenced Harrell to 108 months in custody. The Court entered an Amended Sentencing Judgment on January 23, 2007. [Docket No. 39] On February 21, 2007, a Satisfaction of Monetary Imposition was filed, reflecting that Harrell had paid the restitution amount of $24, 082.00 in full, as well as the $100.00 special assessment. [Docket No. 43] Harrell did not appeal.

On December 6, 2007, the Court entered judgment regarding the Final Order of Forfeiture. [Docket No. 56] Harrell did not appeal.

In October 2008, Harrell filed a Pro Se Motion for Reduced Sentence Pursuant to 18 U.S.C. § 3582(c). [Docket No. 57] On January 7, 2009, the Court denied that motion. [Docket No. 59] Harrell did not appeal.

On July 1, 2013, Harrell filed the current Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [Docket No. 64] and Application to Proceed in District Court Without Prepaying Fees or Costs [Docket No. 65].

III. HARRELL'S § 2255 PETITION

A. Standard for Relief under 28 U.S.C. § 2255

28 U.S.C. § 2255(a) provides:

A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.
Relief under 28 U.S.C. § 2255 is reserved for transgressions of constitutional rights and for a narrow range of injuries that could not have been raised on direct appeal and, if uncorrected, would result in a complete miscarriage of justice. A movant may not raise constitutional issues for the first time on collateral review without ...

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