United States District Court, D. Minnesota
M. Brennan, Assistant United States Attorney, United States
Attorney's Office, Minneapolis, MN, on behalf of
Kenneth Owen Machen, pro se.
MEMORANDUM OPINION AND ORDER
MONTGOMERY U.S. DISTRICT JUDGE
matter is before the undersigned United States District Judge
for a ruling on Defendant Kenneth Owen Machen's
(“Machen”) Motion Under 28 U.S.C. § 2255 to
Vacate, Set Aside, or Correct Sentence [Docket No.
(the “Motion”). For the reasons set forth below,
Machen's Motion is denied.
April 22, 2015, Machen entered a plea of guilty to Count I of
an Information [Docket No. 32] charging him with possession
of a stolen firearm in violation of 18 U.S.C. § 922(j).
See Plea Agreement [Docket No. 35] ¶ 1. In the
Plea Agreement, Machen admitted the following facts:
a. During the late evening hours of October 16, 2014,
Defendant was at the Little Earth apartment complex in
Southeast Minneapolis. Numerous individuals observed
Defendant holding a firearm. Defendant then ran through a
parking lot to a different section of the apartment complex,
where he was located by police.
b. Officers arrested Defendant on the scene and discovered a
Ruger, Model: LCP, .380 caliber semi-automatic handgun,
bearing serial number: 371038190, in the parking lot along
Defendant's flight path. Officers subsequently discovered
that the gun had been stolen from a victim in the city of Oak
Park Heights, Minnesota.
c. Defendant was in possession of the Ruger handgun that
evening. He had acquired the handgun earlier that day from an
individual in the Little Earth apartment complex who told
Defendant the gun had been stolen, but that it had not been
used in any crimes. Therefore, Defendant knew the handgun had
been stolen prior to the time he possessed it.
d. The Ruger, Model: LCP, .380 caliber semi-automatic handgun
was manufactured in Prescott, Arizona. Defendant does not
dispute that the firearm traveled in interstate and foreign
commerce prior to Defendant's possession of it on October
Id. ¶ 2.
August 14, 2015, Machen was sentenced to 70 months'
imprisonment. Sentencing J. [Docket No. 52] at 2. Machen did
not directly appeal his conviction.
now moves under § 2255 to vacate his sentence, arguing
that he received ineffective assistance of counsel and that
he is actually innocent of possessing a stolen firearm.
Motion at 5-6. Machen claims that he told his attorney that
Minneapolis Police Officer David Campbell
(“Campbell”), who was present at the Little Earth
apartment complex on the night of the offense and assisted in
the investigation, planted the gun at the scene. Id.
at 5. Machen further claims that his attorney never
investigated his claim and instead told Machen that he would
receive a life sentence if ...