United States District Court, D. Minnesota
A. Slaughter, Esq., Assistant United States Attorney, United
States Attorney's Office, Minneapolis, MN, on behalf of
Ray Bennett, 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 Jesse Ray Bennett's
("Bennett") 28 U.S.C. § 2255 Motion
("2255 Motion") [Criminal Docket No.
In his 2255 Motion, Bennett argues that he was unlawfully
sentenced as an armed career criminal because a predicate
Minnesota conviction for first degree burglary no longer is a
qualifying offense under the Armed Career Criminal Act
("ACCA"), 18 U.S.C. § 924(e). For the reasons
set forth below, Bennett's Motion is denied.
the early morning of November 11, 2011, Bennett and his
friends returned to an apartment he shared with his
girlfriend after consuming alcohol at several area bars.
Presentence Investigation Report ("PSR") ¶ 6.
Bennett became upset with a neighbor who complained to police
about noise at Bennett's apartment. IcL ¶ 7. Bennett
then armed himself with both a .40 caliber Smith & Wesson
semiautomatic pistol and a Remington Model 870 12-gauge
shotgun. Id. Before Bennett could confront the
neighbor, two of his friends intervened. The .40 caliber
pistol discharged and struck one of the friends in the head.
Id. ¶ 8. Bennett fled the scene on foot, hid
the firearms along a nearby fence, and eluded police until he
was arrested nearly two weeks later. Id., ¶¶8-9.
5, 2012, Bennett was charged in a single-count indictment
with being a felon in possession of a firearm, in violation
of 18 U.S.C. §§ 922(g)(1), 924(a)(2) and 924(e).
See Indictment [Docket No. 1]. On August 1, 2012, Bennett
entered a plea of guilty pursuant to a plea agreement.
See Min. Entry [Docket No. 27].
determined that Bennett was an armed career criminal based on
his previous conviction of three violent felonies or serious
drug offenses: 1) second degree aggravated robbery, 2) second
degree assault, and 3) first degree burglary. PSR ¶ 25.
Bennett did not challenge his ACCA status at his sentencing.
On November 8, 2012, Bennett was sentenced to the mandatory
minimum sentence of 180 months imprisonment. See
Sentencing J. [Docket No. 35] at 2; PSR ¶ 76. Bennett
did not directly appeal his sentence.
Section 2255 Standard
U.S.C. § 2255 provides a person in federal custody with
a limited opportunity to collaterally attack the
constitutionality, jurisdictional basis, or legality of their
sentence. See United States v. Addonizio. 442 U.S.
178, 185 (1979). Relief is reserved for violations of
constitutional rights and for a narrow range of injuries
which were outside a direct appeal and which, if untreated,
would result in a miscarriage of justice. See Poor
Thunder v. United States, 810 F.2d 817, 821-22 (8th Cir.
2255 includes a one-year statute of limitations provision