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. Oehler

United States District Court, D. Minnesota

November 3, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
(1) ANDREW HENRY OEHLER, Defendant.

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

          James S. Becker, Office of the Federal Defender, Counsel for Defendant.

          MEMORANDUM OF LAW & ORDER

          Michael J. Davis United States District Court Judge

         I. INTRODUCTION

         This matter is before the Court on Petitioner Andrew Henry Oehler's Section 2255 Motion to Vacate and Correct Sentence. [Docket No. 89]

         II. BACKGROUND

         On September 18, 2007, Petitioner Andrew Henry Oehler pled guilty to Count Three of the Indictment, Armed Career Criminal in Possession of a Firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1).

         A sentencing hearing was held on February 29, 2008. Based on the application of the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), a 15-year mandatory minimum sentence applied. The ACCA provides:

In the case of a person who violates section 922(g) of this title and has three previous convictions by any court referred to in section 922(g)(1) of this title for a violent felony or a serious drug offense, or both, committed on occasions different from one another, such person shall be fined under this title and imprisoned not less than fifteen years . . . .

18 U.S.C. § 924(e)(1). The predicate offenses for the ACCA were determined to be Fleeing a Police Officer in a Motor Vehicle; Terroristic Threats; Third Degree Burglary; and Theft of a Motor Vehicle. Absent application of the ACCA, Oehler was subject to a 10-year statutory maximum sentence. 18 U.S.C. § 924(a)(2). The Court sentenced Petitioner to 188 months in prison, followed by 5 years supervised release. Petitioner did not appeal his conviction or sentence.

         Oehler previously filed a § 2255 motion that was denied. [Docket No. 82]

         This year, the Eighth Circuit granted Oehler permission to file a successive habeas petition based on Johnson v. United States, 135 S.Ct. 2551 (2015). [Docket No. 86]

         III. DISCUSSION

         A. Standard for Relief under ...


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.