United States District Court, D. Minnesota
Calhoun-Lopez, Assistant United States Attorney, Counsel for
S. Becker, Assistant Federal Defender, Counsel for Defendant.
MEMORANDUM OPINION AND ORDER
Michael J. Davis United States District Court
matter is before the Court on Defendant's motion for
relief pursuant to Fed.R.Civ.P. 60 (b) from the Order dated
June 8, 2017 denying his motion to vacate, set aside, or
correct sentence pursuant to 28 U.S.C. § 2255 [Doc. No.
January 24, 2014, a two-count Information was filed charging
the Defendant with Felon in Possession of a Firearm-Armed
Career Criminal in violation of 18 U.S.C. §§
922(g)(1) and 924(e)(1) and Possession With Intent to
Distribute Methamphetamine in violation of 21 U.S.C.
§§ 841(a)(1) and (b)(1)(C). On March 6, 2014, the
Defendant pled guilty to both counts.
United States Probation Office prepared a Presentence
Investigation Report (“PSR”) advising that the
Defendant was a Career Offender under the guidelines because
he was at least 18 years old at the time he committed the
instant offense, that one of the crimes of conviction is a
crime of violence and because the Defendant has two or more
prior felony convictions involving a crime of violence,
namely a 2007 conviction for Third Degree Burglary, a 2008
conviction for Fleeing a Police Officer, a 2008 conviction
for Terroristic Threats, a 2011 conviction for Simple Robbery
and a 2012 conviction for Second Degree Aggravated Robbery.
(PSR ¶ 31.)
further provided that the Defendant was an Armed Career
Criminal and therefore subject to an enhanced sentence under
the Armed Career Criminal Act (“ACCA”), 18 U.S.C.
§ 924(e), because he had at least three prior
convictions for a violent felony or serious drug offense, or
both, based on the prior convictions listed above. (PSR
¶ 32.) The Defendant's conviction on Count 1
subjected him to a statutory mandatory minimum sentence of
Court adopted the guideline calculations set forth in the
PSR, which determined the applicable range of imprisonment to
be 188 to 235 months.
30, 2014, the Defendant was sentenced to a term of
imprisonment of 180 months on Counts 1 and 2, to be served
concurrently. His conviction and sentence were affirmed on
appeal. United States v. Raymond, 778 F.3d 716 (8th
17, 2016, the Defendant filed a pro se petition
under § 2255, to vacate, set aside or correct his
sentence. Section 2255 is intended to provide federal
prisoners a remedy for jurisdictional or constitutional
errors. Sun Bear v. United States, 644 F.3d 700, 704
(8th Cir. 2011). It is not intended to be a substitute for
appeal or to relitigate matters decided on appeal. See
Bousley v. United States, 523 U.S. 614, 621 (1998);
Davis v. United States, 417 U.S. 333, 346-47
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
miscarriage of justice. A movant may not raise constitutional
issues for the first time on collateral review without