United States District Court, D. Minnesota
P. Petterson, Assistant U.S. Attorney, Counsel for
Nathanial Townsend, 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 [Docket Nos. 76 and 77] and for appointment of
counsel [Docket No. 82].
January 8, 2008, Petitioner was indicted by a grand jury on
two counts of bank robbery in violation of 18 U.S.C. §
2113(a). On March 12, 2009, Petitioner entered a plea of
guilty to Count 1 of the Indictment. Id. at ¶
Presentence Investigation Report (“PSR”) was
prepared by the United States Probation Office. As set forth
in the PSR, the probation office determined that Petitioner
was a career offender pursuant to the United States
Sentencing Guidelines (“USSG”), Section 4B1.1(a).
The Court adopted the factual findings and the guideline
calculations set forth in the PSR and determined the
applicable guideline range was 151 to 188 months, based on a
total offense level 29 and a criminal history category VI. On
September 8, 2009, the Court sentenced Petitioner to a term
of imprisonment of 151 months.
appealed his sentence to the Eighth Circuit Court of Appeals,
claiming that this Court gave undue weight to the sentencing
guidelines and his criminal history, and insufficient weight
to important mitigating factors, such as his mental illness,
physical illness and his chemical dependency. United
States v. Townsend, 617 F.3d 991, 993 (8th Cir. 2010).
The Eighth Circuit Court of Appeals affirmed this Court's
sentence. Id. at 995.
April 27, 2016, Petitioner filed the instant Pro Se
§ 2255 Petition, arguing that he was unconstitutionally
categorized as a career offender in light of the United
States Supreme Court decision in Johnson v. United
States, 135 S.Ct. 2551 (2015).
Standard for Relief under 28 U.S.C. § 2255
U.S.C. § 2255(a) provides:
A prisoner in custody under sentence of a court established
by Act of Congress claiming the right to be released upon the
ground that the sentence was imposed in violation of the
Constitution or law 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 ...