United States District Court, D. Minnesota
L. Schleicher, Assistant United States Attorney, Counsel for
S. Becker, Office of the Federal Defender, Counsel for
MEMORANDUM OF LAW & ORDER
Michael J. Davis United States District Court Judge
matter is before the Court on Petitioner Andrew Henry
Oehler's Section 2255 Motion to Vacate and Correct
Sentence. [Docket No. 89]
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).
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.
previously filed a § 2255 motion that was denied.
[Docket No. 82]
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]
Standard for Relief under ...