United States District Court, D. Minnesota
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.
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]
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 ...