United States District Court, D. Minnesota
Gregory G. Booker, Acting United States Attorney, and Nathan
P. Petterson, Assistant United States Attorney, UNITED STATES
ATTORNEY'S OFFICE, for plaintiff.
Timothy G. Caskey, No. 07389-041, Federal Correctional
Institution - Gilmer, pro se defendant.
MEMORANDUM OPINION AND ORDER DENYING MOTION TO
VACATE, SET ASIDE, OR CORRECT SENTENCE
R. TUNHEIM, United States District Court Chief Judge
February 6, 2014, Timothy Glen Caskey pled guilty to charges
of Kidnapping and Bank Robbery. The Court held an evidentiary
hearing to resolve Caskey's objections to three
sentencing enhancements, and subsequently sentenced him to a
300-month term of imprisonment on the kidnapping charge and a
concurrent 240-month term on the bank robbery charge. The
Eighth Circuit affirmed the sentence on appeal. Caskey now
brings a pro se motion to vacate, set aside, or
correct his sentence under 28 U.S.C. § 2255, alleging
ineffective assistance of counsel and improper enhancement of
his sentence. Because Caskey fails to support his ineffective
assistance of counsel claim factually or legally and raised
his other argument on direct appeal, the Court will deny his
was indicted for Kidnapping and Interstate Domestic Violence
in the District of Minnesota and for Bank Robbery in the
District of Kansas. (Criminal Case No. 11-301, Indictment,
Sept. 21, 2011, Docket No. 12; Criminal Case No. 14-36,
Indictment, Feb. 6, 2014, Docket No. 2.) The bank robbery
prosecution was transferred to this District on February 6,
2014. (Criminal Case No. 14-36, Consent to Transfer, Feb. 6,
2014, Docket No. 1.) The same day, pursuant to the terms of a
written plea agreement, Caskey pled guilty to the kidnapping
and bank robbery charges. (Minute Entry, Feb. 6, 2014, Docket
No. 119; Plea Agreement, Feb. 6, 2014, Docket No.
Caskey's change of plea hearing, the Court informed him
that “everyone seem[ed] to believe” his criminal
history category was IV, but noted that it was
“difficult” to be sure “without a more
in-depth investigation.” (Transcript at 20:9-12, Apr.
7, 2015, Docket No. 181.) The Court warned Caskey that an
error in calculation would not be a basis for him to withdraw
a guilty plea. (Id. at 20:15-17.) The Court told
Caskey that, if the Court adopted the government's views
on the characteristics of the offense, the United States
Sentencing Guidelines range would be 324 to 405 months.
(Id. at 21:1-5.) And the Court noted that it would
“ultimately make its own determination” as to the
appropriate sentence. (Id. at 21:17-22.) Caskey
expressly stated to the Court that he understood each of
these points. (Id. at 20:18, 21:7, 21:24.)
Caskey's guilty plea, the United States Probation Office
prepared a Presentence Investigation Report
(“PSR”) calculating Caskey's adjusted offense
level under the Guidelines as 38. See United States v.
Caskey, No. 11-cr-301 (JRT/LIB), 2014 WL 4411041, at *1
(D. Minn. Sept. 8, 2014). That level included a downward
adjustment for acceptance of responsibility and enhancements
for use of a dangerous weapon, for holding the kidnapping
victim, R.L.C., for more than seven but less than thirty
days, and for sexually exploiting R.L.C. See id. The
PSR calculated Caskey's criminal history as category VI,
rather than IV, resulting in a Guidelines range of 360 months
to life. Id.
objected to the three enhancements, and the Court held an
evidentiary hearing on June 27, 2014, to resolve the matter.
(Id.; see also Transcript, Aug. 15, 2014,
Docket No. 151.) In a written Opinion and Order of September
8, 2014, the Court found that R.L.C. was credible in
testifying that Caskey had beaten her with a screwdriver,
held her against her will for the duration of the kidnapping,
and sexually assaulted her. Caskey, 2014 WL 4411041,
at *2-4. Accordingly, the Court overruled Caskey's
objections to the sentencing enhancements. Id.
February 20, 2015, the Court sentenced Caskey to a 300-month
term of imprisonment for the kidnapping and a concurrent
240-month term for the bank robbery. (Criminal Case No.
11-301, Minute Entry, Feb. 20, 2015, Docket No. 172; Criminal
Case No. 14-36, Minute Entry, Feb. 20, 2015, Docket No. 22.)
The Court explained that its sentence was a downward variance
from the Guidelines range of 360 months to life, due to
Caskey's “history and characteristics, ” and
the fact that his “criminal history score was likely
slightly overstated.” (Statement of Reasons, Feb. 26,
2015, Docket No. 174.) The sentence was affirmed on appeal by
the Eighth Circuit. U.S. v. Caskey, 636 F. App'x
376, 379 (8th Cir. 2016) (per curium).
now brings this § 2255 motion to vacate.
2255 affords 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 28 U.S.C. § 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