United States District Court, D. Minnesota
Benjamin Bejar, Assistant United States Attorney, Counsel for
Defendant, pro se.
MEMORANDUM OPINION AND ORDER
Michael J. Davis United States District Court
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].
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.
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.
Court adopted the guideline calculations set forth in the
PSR, which determined the applicable range of imprisonment to
be 188 to 235 months.
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
Standard for Relief under 28 U.S.C. § 2255
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. § 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