United States District Court, D. Minnesota
D. Kirkpatrick, Assistant U.S. Attorney, Counsel for
H. Meyers, Assistant Federal Defender, Counsel for
MEMORANDUM OF LAW AND ORDER
Michael J. Davis, United States District Court.
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].
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.
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.
September 23, 2008, Petitioner was sentenced to a term of
imprisonment of 188 months. He did not appeal his sentence.
30, 2016, Petitioner filed a pro se § 2255
motion to vacate, set aside or correct his sentence.
Standard for Relief under 28 U.S.C. § 2255
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 ...