United States District Court, D. Minnesota
Clifford B. Wardlaw, Assistant United States Attorney,
Counsel for Plaintiff.
Roberto Rodriguez, pro se.
MEMORANDUM OF LAW & ORDER
Michael J. Davis United States District Court Judge
matter is before the Court on Defendant Roberto
Rodriguez's Letter of Preservation of Claim under
Johnson. [Docket No. 46] The Court will interpret
Defendant's letter as a motion to vacate, set aside, or
correct his sentence under 28 U.S.C. § 2255.
18, 2006, Defendant Roberto Rodriguez pled guilty to Count
One of the Indictment, Felon in Possession of a Firearm, in
violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1).
[Docket No. 38]
sentencing hearing was held on September 19, 2006. [Docket
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 two Minnesota convictions for
burglary in the third degree and a Minnesota conviction for
assault in the second degree. The Court sentenced Defendant
to 212 months in prison, followed by 5 years supervised
release. [Docket No. 45]
did not appeal his conviction or sentence.
Standard for Relief under ...