Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Montenegro

United States District Court, D. Minnesota

May 28, 2014

UNITED STATES OF AMERICA, Plaintiff-Respondent,
v.
ERIKA ROMERO MONTENEGRO, Defendant-Petitioner. Criminal File No. 11-280 (MJD/JSM)

Steven L. Schleicher, Assistant United States Attorney, Counsel for Plaintiff-Respondent.

Erika Romero Montenegro, pro se.

MEMORANDUM OF LAW & ORDER

MICHAEL J. DAVIS, Chief District Judge.

I. INTRODUCTION

This matter is before the Court on Petitioner Erika Romero Montenegro'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. 845]

II. BACKGROUND

On September 7, 2011, an Indictment was filed in the District of Minnesota charging Uriel Magana-Farias and 21 others, including Petitioner Erika Romero Montenegro, in a drug conspiracy case. [Docket No. 1] Petitioner was indicted on Count 1, Conspiracy to Distribute and Possess with Intent to Distribute 500 grams or more of a mixture or substance containing methamphetamine.

Of the 22 co-defendants, all but Petitioner and two fugitives entered guilty pleas. Petitioner's case proceeded to a jury trial. On March 22, 2012, she was found guilty of Count 1 of the Indictment, Conspiracy to Distribute and Possess with Intent to Distribute 500 grams or more of a mixture or substance containing methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), 841(b)(1)(B), and 846. [Docket Nos. 599, 601]

Petitioner was sentenced on April 3, 2013. The Court determined that the applicable Guidelines were as follows:

Total Offense Level: 30 Criminal Category: I Imprisonment Range: 97 to 121 months (safety-valve) Supervised Release: 2 to 5 years (safety-valve) Fine Range: $15, 000 to $10 million Special Assessment: $100

[Docket No. 798] Applying a two-level safety-valve reduction and considering the 18 U.S.C. § 3553(a) factors, the Court sentenced Petitioner to a term of 60 months, followed by two years of supervised release. [Docket No. 796]

Petitioner did not appeal. Petitioner has now filed a pro se Motion to Vacate, Set Aside, or Correct Sentence Pursuant to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.