United States District Court, D. Minnesota
S. Ueland, Assistant U.S. Attorney, Counsel for Respondent.
Allen Schleper, pro se.
MEMORANDUM OF LAW AND ORDER
Michael J. Davis United States District Court
matter is before the Court on Petitioner's motions to
vacate, set aside or correct sentence pursuant to 28 U.S.C.
§ 2255. [Doc. Nos. 36, 51 and 52].
Petitioner was charged in the Indictment with four counts:
Count 1, Felon in Possession of a Firearm in violation of 18
U.S.C. §§ 922(g)(1), 921(a)(3), 921(a)(4) and
924(e); Count 2, Possession of an Unregistered Firearm in
violation of 26 U.S.C. §§ 5845, 5861 and 5871;
Count 3, Illegal Manufacture of a Firearm in violation of 26
U.S.C. §§ 5822, 5845, 5861(f) and 5871; and Count
4, Possession of a Firearm with No Serial Number in violation
of 26 U.S.C. §§ 5845, 5861(i) and 5871.
January 31, 2008, he entered into a Plea Agreement pursuant
to Federal Rule of Criminal Procedure 11 (c)(1)(C) and pled
guilty to Count 1 of the Indictment. As part of the Plea
Agreement, the Petitioner admitted that had three prior
convictions for a violent felony or serious drug offense and
that he knowingly possessed a pipe bomb. The Petitioner
agreed that his criminal history category was VI, and that he
qualified as a career offender under the Sentencing
Guidelines. The Petitioner further agreed that based on a
total offense level 34, the applicable guideline range was
262 to 327 months imprisonment. The parties also agreed to
provide the Court a sentence recommendation of 180 months and
that if the Court sentenced him at or below 180 months, he
waived his right to appeal or to contest, directly or
collaterally, the sentence on any ground.
United States Probation Office prepared a Presentence
Investigation Report (“PSR”) advising that at
least three of the Petitioner's prior convictions were
either a violent felony or serious drug offense: Second
Degree Possession of Methamphetamine with Intent to Sell,
Burglary and Second Degree Assault. The total offense level
was calculated to be 34, and with a criminal history category
of VI, the resulting guideline range was 262 to 327 months.
In addition, the PSR noted the crime of conviction subjected
the Petitioner to a fifteen year mandatory minimum term of
8, 2008, consistent with the parties' Rule 11 (c)(1)(C)
Agreement, the Court sentenced the Petitioner to 180 months
January 27, 2016, the Petitioner filed this § 2255
motion to vacate, set aside or correct his sentence.
Standard for Relief under ...