United States District Court, D. Minnesota
Velazquez-Aguilu, Assistant United States Attorney, UNITED
STATES ATTORNEY'S OFFICE, for plaintiff.
Jeffery Dulwonh Gbor, Reg. No. 18257-041, FCI - Victorville,
MEMORANDUM OPINION AND ORDER DENYING PETITIONER'S
28 U.S.C § 2255 MOTION
R. TUNHEIM, CHIEF JUDGE.
Jeffery Dulwonh Gbor pled guilty to Count 1, Conspiracy to
Commit Bank Fraud, and Count 39, Aggravated Identity Theft,
and the Court sentenced Gbor to 136 months' imprisonment.
Gbor now moves under 28 U.S.C. § 2255 to vacate, set
aside, or correct his sentence. Because Gbor failed to
support his claim for ineffective assistance of counsel, the
Court will deny Gbor's motion.
October 2014 Gbor was charged along with twenty-four
codefendants with Conspiracy to Commit Bank Fraud, Brank
Fraud, and Aggravated Identity Theft. (Presentence
Investigation Report (“PSR”) ¶ 1, Mar. 17,
2016, Docket No. 883.) Gbor entered into a plea agreement
whereby Gbor agreed to plead guilty to Count 1, Conspiracy to
Commit Bank Fraud, and Count 39, Aggravated Identify Theft,
in exchange for the government's dismissal of the
remaining charges. (Change of Plea Hr'g Tr. (“Plea
Hr'g Tr.”) at 29:8-17, Aug. 11, 2016, Docket No.
plea hearing, Gbor stated he was satisfied with his
attorney's representation and that he understood the
terms of the plea agreement. (Id. at 7:21-8:14.)
Gbor responded “yes” when asked “[d]o you
agree that . . . as a result of the transactions that you
conducted, facilitated, as well as those transactions that
were reasonably foreseeable to you and in furtherance of the
jointly undertaken scheme, that you caused or intended to
cause losses to federally insured financial institutions of
$2, 669, 131.55?” (Id. at 17:16-23.) Gbor also
admitted that he reviewed the plea agreement with his
attorney. (Id. at 8:21-25.)
Gbor's sentencing hearing, the Court calculated a total
offense level of 27, including “a 16-level increase
because of the amount of the loss.” (Sentencing
Hr'g Tr. at 3:13-21, Aug. 11, 2016, Docket No. 1127.) The
Court calculated a criminal history category of VI, resulting
in the following advisory Guidelines ranges: 130 to 162
months' imprisonment for Count 1 and mandatory 24
months' imprisonment for Count 39 to run consecutive to
the sentence imposed for Count 1. (Id. at 3:19-4:6.)
The Court sentenced Gbor to a total of 136 months'
imprisonment, including 112 months for Count 1 and the
consecutive 24 months for Count 39. (Id. at
appealed his sentence to the Eighth Circuit challenging the
loss amount stipulated in the plea agreement and adopted by
the Court. United States v. Gbor, 676 F. App'x
623, 623 (8th Cir. 2017) (per curiam). The Eighth
Circuit affirmed, observing that “Gbor did not object
to the presentence report's calculation of actual losses
suffered by eighteen financial institutions, and the district
court was entitled to accept that calculation.”
March 6, 2017, Gbor filed a motion to vacate, set aside, or
correct his sentence pursuant to section 2255. The government
opposes the motion.
STANDARD OF REVIEW
2255 allows a federal prisoner a limited opportunity to seek
post-conviction relief on the grounds 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 that the sentence
was in excess of the maximum authorized by law, or is
otherwise subject to collateral attack.” 28 U.S.C.
§ 2255(a). “Relief under [section] 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.” United States v.
Apfel, 97 F.3d 1074, 1076 (8th Cir. 1996).