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United States v. McDaniel

United States District Court, D. Minnesota

May 21, 2015

United States of America, Plaintiff,
v.
Nicole Renee McDaniel, Defendant. Civil No. 15-1217 ADM

Katharine T. Buzicky, Esq., United States Attorney's Office, Minneapolis, MN, on behalf of Plaintiff.

Nicole Renee McDaniel, pro se.

MEMORANDUM OPINION AND ORDER

ANN D. MONTGOMERY, District Judge.

I. INTRODUCTION

This matter is before the undersigned United States District Judge for a ruling on Defendant Nicole Renee McDaniel's ("McDaniel") 28 U.S.C. § 2255 Motion [Criminal Docket No. 175] ("2255 Motion").[1] For the reasons below, McDaniel's Motion is denied.

II. BACKGROUND

On August 17, 2011, McDaniel was charged in four counts of a six count, multidefendant indictment relating to the May 21, 2011 robbery of the Pot O' Gold Bingo Hall (the "Bingo Hall"). See Superseding Indictment [Docket No. 62]. On April 24, 2012, McDaniel pled guilty to Count 1, Conspiracy to Interfere with Commerce by Robbery - "Hobbs Act" in violation of 18 U.S.C. § 1951(a), and Count 4, Aiding and Abetting Possession of a Firearm in Furtherance of a Crime of Violence in violation of 18 U.S.C. §§ 2 and 924(c). Id.; see Minute Entry [Docket No. 109].

In the plea agreement, McDaniel admitted that on May 21, 2011, she conspired with three codefendants to commit an armed robbery of the Bingo Hall. Plea Agreement [Docket No. 111] ¶ 2(a). McDaniel further admitted that she expected a.45 caliber handgun would be brandished and used to commit the robbery. Id. ¶ 2(c). The plea agreement stated that Count 4 carried a mandatory minimum sentence of seven years imprisonment to run consecutively to the sentence imposed in Count 1. Id. ¶ 5(a).

At the plea hearing, McDaniel stated under oath that she understood she was pleading guilty to Counts 1 and 4 of the superseding indictment. Tr. [Docket No. 181] 12:3-16. McDaniel additionally stated that she understood Count 4 carried a mandatory minimum of 84 months because a firearm was brandished or displayed during the robbery. Id. 15:9-14. After the factual basis was established, the Court asked McDaniel if there was doubt in her mind about being guilty. Id. 36:11. McDaniel responded, "No." Id. 36:12.

On October 19, 2012, McDaniel was sentenced to zero months imprisonment for Count 1 and 84 months imprisonment for Count 4. Sentencing J. [Docket No. 165]. On March 10, 2015, McDaniel filed her § 2255 Motion alleging that she was being "imprisoned for a violation that she did not commit." 2255 Motion 5.

III. DISCUSSION

A. Statute of Limitations

Section 2255 provides a person in federal custody with a limited opportunity to collaterally attack the constitutionality, jurisdictional basis, or legality of his or her sentence. See United States v. Addonizio, 442 U.S. 178, 184-85 (1979). Section 2255 also includes a one-year limitation provision, which states:

The limitation period shall run from the latest of-(1) the date on which the judgment of conviction becomes final; (2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action; (3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral ...

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