Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Miller

United States District Court, D. Minnesota

December 18, 2019

United States of America, Respondent,
v.
Anton James Anthony Miller, Petitioner.

          Lisa D. Kirkpatrick, Assistant U.S. Attorney, Counsel for Respondent.

          Robert H. Meyers, Assistant Federal Defender, Counsel for Petitioner.

          MEMORANDUM OF LAW AND ORDER

          Michael J. Davis, United States District Court.

         I. Introduction

         This matter is before the Court on Petitioner's motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 [Doc. No. 45].

         II. Background

         On October 10, 2007, Petitioner was charged by Indictment with Felon in Possession of a Firearm in violation of 18 U.S.C. §§ 922(g) and 924(e). He entered a plea of guilty to the charge on May 30, 2008.

         The United States Probation Office prepared a Presentence Investigation Report (“PSR”) advising that Petitioner was an Armed Career Criminal under Section 924(e) of the Armed Career Criminal Act (“ACCA”) because he had at least three prior felony convictions for crimes of violence. In this case, the following prior convictions were considered for purposes of determining whether Petitioner was an Armed Career Criminal under the ACCA: a July 12, 1999 conviction for Simple Robbery; a September 20, 1999 conviction for First Degree Burglary; a January 21, 2000 conviction for escape; and a September 19, 2002 conviction for Second Degree Robbery. This Court adopted the guideline calculations set forth in the PSR, which determined the applicable range of imprisonment to be 188 to 235 months.

         On September 23, 2008, Petitioner was sentenced to a term of imprisonment of 188 months. He did not appeal his sentence.

         On June 30, 2016, Petitioner filed a pro se § 2255 motion to vacate, set aside or correct his sentence.

         III. Habeas Petition

         A. Standard for Relief under 28 U.S.C. § 2255

         28 U.S.C. § 2255(a) provides:

A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or law 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.