United States District Court, D. Minnesota
Benjamin Bejar, Assistant United States Attorney, United
States Attorney's Office, Minneapolis, MN, on behalf of
Jemar Davis, 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 Casey Jemar Davis'
(“Davis”) Motion Under 28 U.S.C. § 2255 to
Vacate, Set Aside, or Correct Sentence [Docket No. 397] (the
“Motion”). For the reasons set forth below,
Davis' Motion is denied.
February 27, 2018, Davis entered a plea of guilty [Docket No.
182] to Count I of the Second Superseding Indictment charging
him and co-defendants with conspiring to violate 18 U.S.C.
§ 922(g)(1), the felon in possession of a firearm
statute. See Plea Agreement [Docket No. 190] ¶
1. In the Plea Agreement, Davis admitted the following facts:
a. Between at least January 2014 and continuing through at
least December 2017, the defendant knowingly and
intentionally conspired with his co-defendants and with
others to violate Title 18, United States Code, Section
922(g)(1), which makes it a federal crime to be a felon in
possession of a firearm. During the timeframe of the
conspiracy, the defendant was an active member of the street
gang known as the “HAM Crazy.” Some of the
primary goals of the HAM Crazy gang are to maintain their
power and reputation and to maintain their control of what
they consider to be their “gang turf, ” namely
certain parts of the eastside of Saint Paul, Minnesota,
against rival Saint Paul gangs, such as the Hit Squad,
through the use of gun violence and intimidation.
b. During all or part of the timeframe of the conspiracy,
many of the HAM Crazy gang members, including the defendant,
were convicted felons or were otherwise legally prohibited
from possessing firearms. Specifically, the defendant has a
2014 felony conviction for crime committed for the benefit of
c. During the timeframe of the conspiracy, the HAM Crazy gang
has been in an ongoing gang war with several rival gangs,
including the Hit Squad, that has resulted in several gang
members on both sides being shot and in some cases killed.
The gang warfare includes the use of firearms by HAM Crazy
members in shootings of rival gang members and their
affiliates and the brandishing of firearms by HAM Crazy
members as direct threats of violence and intimidation
against rival gang members through social media platforms.
d. Due to the ongoing gang war and the need for firearms to
carry out some of the goals of the HAM Crazy gang, HAM Crazy
members, including the defendant, conspired to illegally
obtain and jointly possess firearms. HAM Crazy members
obtained firearms in a variety of ways, including through
thefts, trades, and cash exchanges, and HAM Crazy members
shared and transferred firearms amongst themselves. HAM Crazy
members also attempted to buy, sell, trade, and otherwise
obtain firearms using social media platforms.
e. The defendant stipulates and agrees that the firearms
listed in the Second Superseding Indictment were manufactured
outside the State of Minnesota and therefore previously had
traveled in interstate and/or foreign commerce before being
in the gang's possession during the timeframe of the
conspiracy. The defendant further stipulates and agrees that
he knowingly and intentionally participated in the
conspiracy, and that he knew his actions violated the law.
f. The defendant admits and stipulates that in furtherance of
the conspiracy, on or about June 23, 2014, he knowingly
unlawfully possessed a loaded Iver Johnson, model 57A,
.22-caliber revolver, bearing serial number J65322, at a
residence in Saint Paul, Minnesota, where several other HAM
Crazy members, including some co-defendants, were present for
filming a rap video, as set forth in Overt Act 8 of the
Second Superseding Indictment. Saint Paul Police responded to
the residence on a report of shots being fired and that
persons had been shot. As police approached the residence,
they observed the defendant on steps attempting to gain
access to the residence and drop a white sock over the
railing that was later determined to contain the .22-caliber
revolver. The defendant stipulates and agrees that he
knowingly possessed the firearm; that he knew he did not have
a valid permit to legally possess the firearm; that he acted
voluntarily; and that he knew his actions violated the law.
g. The defendant further admits and stipulates that in
furtherance of the conspiracy, in September 2014, he took
part in a rap video, published on social media platform
YouTube on or about September 17, 2014, wherein he and other
HAM Crazy members, including some of the co-defendants,
brandished and pointed firearms at the camera, and other HAM
Crazy members passed ...