Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Jensrud

United States District Court, D. Minnesota

July 18, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
(1) JESSE LEE JENSRUD, Defendant.

          Andrew R. Winter, Assistant United States Attorney, Counsel for Plaintiff.

          Jesse Lee Jensrud, pro se.

          MEMORANDUM OF LAW & ORDER

          Michael J. Davis Judge

         I. INTRODUCTION

         This matter is before the Court on Defendant Jesse Lee Jensrud's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. [Docket No. 36]

         II. BACKGROUND

         On January 17, 2008, Defendant Jesse Lee Jensrud pled guilty to Count 2 of the Indictment: Possession with Intent to Distribute in Excess of 50 Grams of Methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B). Count 1, alleging Possession of a Firearm by an Armed Career Criminal, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1) (the “Armed Career Criminal Act” or “ACCA”), was dismissed at sentencing.

         On April 29, 2008, the Court sentenced Defendant to 188 in prison, which was within the Guideline range of 188 to 235 months. [Docket Nos. 27-28] ¶ 5-year statutory mandatory minimum applied under 21 U.S.C. § 841(b)(1)(B), because Defendant possessed with intent to distribute in excess of 50 grams of a mixture or substance containing a detectable amount of methamphetamine. The ACCA did not apply. The Court calculated Defendant's total offense level by applying the career offender guideline, U.S.S.G. § 4B1.1, based on Defendant's previous convictions for a “crime of violence, ” as defined under U.S.S.G. § 4B1.2. (PSI ¶ 22.) The Court determined that at least two of the following prior convictions qualified as a “crime of violence:” third degree burglary, first degree burglary, and reckless discharge of a firearm. (Id.)

         On May 9, 2016, Defendant filed the current Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. [Docket No. 36] Defendant asserts that the Court incorrectly sentenced him as a career offender under the Sentencing Guidelines. He argues that his predicate offenses only qualified as a crime of violence under the Sentencing Guidelines based on the residual clause in U.S.S.G. § 4B1.2. He claims that the application of that residual clause was unconstitutional under Johnson v. United States, 135 S.Ct. 2551 (2015). This matter was stayed pending the U.S. Supreme Court's decision in Beckles v. United States.

         III. DISCUSSION

         A. Application to Proceed in District Court without Prepaying Fees or Costs

         The Court denies Defendant's Application to Proceed in District Court without Prepaying Fees or Costs as moot because there is no filing fee for filing a § 2255 motion.

         B. Standard for Relief under ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.