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United States v. Rodriguez

United States District Court, D. Minnesota

March 8, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
(1) ROBERTO RODRIGUEZ, Defendant.

          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

         I. INTRODUCTION

         This 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.

         II. BACKGROUND

         On May 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]

         A sentencing hearing was held on September 19, 2006. [Docket No. 44]

         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 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]

         Defendant did not appeal his conviction or sentence.

         III. DISCUSSION

         A. Standard for Relief under ...


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