United States District Court, D. Minnesota
Gregory G. Brooker, United States Attorney, David J.
MacLaughlin and Benjamin F. Langner, Assistant United States
Attorneys, for Plaintiff-Respondent.
Allen Walker, pro se.
MEMORANDUM OPINION AND ORDER
RICHARD NELSON UNITED STATES DISTRICT COURT JUDGE
Robert Allen Walker (“Walker”) brings a pro se
motion under 28 U.S.C. § 2255 to Vacate, Set Aside or
Correct Sentence by a Person in Federal Custody [Doc. No.
248] (“Pro Se Mot.”). The Government opposes
Walker's motion. (Government's Resp. to Def.'s
Mot. under 28 U.S.C. § 2255 to Vacate, Set Aside, or
Correct a Sentence [Doc. No. 255].) Based on a review of the
file, record, and proceedings therein, and for the reasons
set forth below, the Court denies the motion.
is the former president, CEO, and chairman of the board of
Bixby Energy Systems (“Bixby”). On December 20,
2011, Walker was indicted of conspiracy to commit mail and
wire fraud arising from the actions he took at the head of
Bixby. (Indictment [Doc. No. 1].) In superseding indictments,
he was also charged with mail fraud, wire fraud, witness
tampering, and tax evasion. (Third Superseding Indictment
[Doc. No. 86].) At trial, the Government presented evidence
that Walker induced vulnerable victims to invest with-and to
remain invested with-his company by making materially false
statements about his own business experience, about the
imminence of Bixby going public, and about the commercial
viability of Bixby's products. (See Tr. Vol.
XXVII [Doc. No. 236], at 5574-77.) Walker was also charged
with overpaying himself and his family members and claiming
improper business expenses from the nearly $60 billion that
victims invested in the company. (See Tr. Vol. XX
[Doc. No. 229], at 4472, 4484-89, 4595-96.)
proceedings before this Court, Walker was represented by
retained counsel, attorneys Aaron Morrison, Peter Wold, and
Ryan Pacyga. On March 5, 2014, a jury found Walker guilty on
all counts: four counts of aiding and abetting mail fraud,
eight counts of aiding and abetting wire fraud, one count of
conspiracy to commit mail and wire fraud, one count of
witness tampering, and three counts of tax evasion. (Jury
Verdict [Doc. No. 173].) Walker was sentenced to 300 months
of imprisonment to be followed by three years of supervised
release. (Sentencing J. [Doc. No. 202].)
filed a direct appeal to the Eighth Circuit Court of Appeals,
arguing that the Government did not present sufficient
evidence to support his conviction, and also that this Court
erred in calculating the loss caused by his fraud crimes and
in assessing a two-level sentence enhancement for abuse of a
position of trust. United States v. Walker, 818 F.3d
416 (2016). The Eighth Circuit affirmed on March 25, 2016.
Id. at 419. On March 24, 2017, Walker filed a motion
under 28 U.S.C. § 2255 to set aside, vacate, or correct
his sentence. (Pro Se Mot.)
28 U.S.C. § 2255(a),
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 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, may move the court
which imposed the sentence to vacate, set aside or correct
§ 2255 generally affords relief, it is only available ...