United States District Court, D. Minnesota
Thomas M. Hollenhorst, Assistant United States Attorney, Counsel for Plaintiff-Respondent.
Deon Dimitri McGhee, pro se.
MEMORANDUM OF LAW & ORDER
MICHAEL J. DAVIS, Chief District Judge.
This matter is before the Court on Petitioner Deon Dimitri McGhee'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. 471]
On October 15, 2012, an Indictment was filed in the District of Minnesota charging Deon Dimitri McGhee and ten co-defendants, in a drug conspiracy case. [Docket No. 1] Petitioner was indicted on Count 1, Conspiracy to Distribute one kilogram or more of heroin and Count 33, one substantive count.
On January 17, 2013, Petitioner Deon Dimitri McGhee pled guilty to a lesser included offense to Count 1 of the Indictment: Conspiracy to Distribute at Least 100 Grams but Less than 1 Kilogram of Heroin, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), and 846.
The parties had no objections to the Guideline calculation contained in the PSI. Accordingly, the Court determined that the applicable Guidelines were as follows:
On September 24, 2014, the Court sentenced Petitioner to sixty months in the Federal Bureau of Prisons, followed by four years of supervised release. [Docket No. 448] Petitioner was sentenced pursuant to a written Plea Agreement [Docket No. 295]
Petitioner did not appeal. Petitioner has now filed a Pro Se Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255. [Docket No. 471]
A. Petitioner's Stated Grounds for Relief
Petitioner lists three grounds for his habeas petition. First, Petitioner asserts that his attorney, Mr. Barry Voss, failed to assist his cooperation with the Government, which deprived him of a timely proffer session and a potential substantial assistance motion. Second, Petitioner asserts that his attorney Kurt Glaser, who was appointed to represent him when Mr. Barry Voss was disbarred, failed to file a motion asking the Court to compel the Government to file a substantial assistance motion. Finally, Petitioner asserts that ...