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United States v. Raymond

United States District Court, D. Minnesota

June 8, 2017

United States of America, Plaintiff,
v.
Travis Ryan Raymond, Defendant.

          Benjamin Bejar, Assistant United States Attorney, Counsel for Plaintiff.

          Defendant, pro se.

          MEMORANDUM OPINION AND ORDER

          Michael J. Davis United States District Court

         I. Introduction

         This matter is before the Court on Defendant's motions to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 [Doc. Nos. 50, 54 and 56].

         II. Background

         On January 24, 2014, a two count Information was filed charging the Defendant with Felon in Possession of a Firearm-Armed Career Criminal and Possession With Intent to Distribute Methamphetamine. On March 6, 2014, the Defendant pled guilty to both counts.

         The United States Probation Office prepared a Presentence Investigation Report (“PSR”) advising that the Defendant was a Career Offender because he was at least 18 years old at the time he committed the instant offense, that one of the crimes of conviction is a crime of violence and because the Defendant has at least two prior felony convictions involving a crime of violence, namely a 2007 conviction for Third Degree Burglary, a 2008 conviction for Fleeing a Police Officer, a 2008 conviction for Terroristic Threats, a 2011 conviction for Simple Robbery and a 2012 conviction for Second Degree Aggravated Robbery. (PSR ¶ 31.) The PSR further provided that the Defendant was an Armed Career Criminal and therefore subject to an enhanced sentence under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e). (PSR ¶ 32.) The Defendant's conviction on Count 1 subjected him to a statutory mandatory minimum sentence of fifteen years.

         This Court adopted the guideline calculations set forth in the PSR, which determined the applicable range of imprisonment to be 188 to 235 months.

         On June 30, 2014, the Defendant was sentenced to a term of imprisonment of 180 months on Counts 1 and 2, to be served concurrently. His conviction and sentence were affirmed on appeal. United States v. Raymond, 778 F.3d 716 (8th Cir. 2015). On June 17, 2016, the Defendant filed his petition under § 2255 to vacate, set aside or correct his sentence.

         III. Habeas Petition

         A. Standard for Relief under 28 U.S.C. § 2255

         Under 28 U.S.C. § 2255, “[a] prisoner in custody under sentence . . .claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence . . . or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.” 28 U.S.C. § 2255(a). Section 2255 is intended to provide federal prisoners a remedy for jurisdictional or constitutional errors. Sun Bear v. United States, 644 F.3d 700, 704 (8th Cir. 2011). It is not intended to be a substitute for appeal or to relitigate matters decided on appeal. See Bousley v. United States, 523 U.S. 614, 621 (1998); Davis v. United States, 417 U.S. 333, 346-47 (1974)).

Relief under 28 U.S.C. ยง 2255 is reserved for transgressions of constitutional rights and for a narrow range of injuries that could not have been raised on direct appeal and, if uncorrected, would result in a complete miscarriage of justice. A movant may not raise constitutional issues for the first time on collateral review without ...

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