United States District Court, M.D. Tennessee, Nashville Division
J. CAMPBELL, UNITED STATES DISTRICT JUDGE
before the Court are the Petitioner's Motion Under 28
U.S.C. § 2255 To Vacate, Set Aside, Or Correct Sentence
(Docket No. 1); a Supplemental Brief (Docket No. 17), filed
by counsel for the Petitioner; and the Government's
Response (Docket No. 20) in opposition.
reasons set forth herein, the Petitioner's Motion (Docket
No. 1) is DENIED, and this action is DISMISSED.
Procedural and Factual Background
underlying criminal case, the Petitioner pled guilty,
pursuant to a Plea Agreement, to being a felon in possession
of firearms and ammunition, and to distribution or possession
with intent to distribute cocaine and cocaine base. (Docket
Nos. 9, 29, 30 in Case No. 3:15-00012). Through the Plea
Agreement, the Petitioner acknowledged his status as a Career
Offender, pursuant to Sentencing Guideline § 4B1.1, and
acknowledged that he had two prior felony drug offenses.
(Docket No. 30 in Case No. 3:15-00012). The parties agreed to
a total sentence of 154 months of imprisonment.
subsequent sentencing hearing, the Court determined that the
Petitioner was a Career Offender with an applicable guideline
sentencing range of 188 to 235 months of imprisonment, but
imposed the agreed-upon sentence of 154 months. (Docket Nos.
32, 33, 24 in Case No. 3:15-00012).
The Section 2255 Remedy
2255 provides federal prisoners with a statutory mechanism by
which to seek to have their sentence vacated, set aside or
corrected. The statute does not provide a remedy,
however, for every error that may have been made in the
proceedings leading to conviction. “‘To warrant
relief under section 2255, a petitioner must demonstrate the
existence of an error of constitutional magnitude which had a
substantial and injurious effect or influence on the guilty
plea or the jury's verdict.'” Humphress v.
United States, 398 F.3d 855, 858 (6th Cir. 2005)(quoting
Griffin v. United States, 330 F.3d 733, 736 (6th
evidentiary hearing is not required if the record
conclusively shows that the Petitioner is not entitled to
relief. 28 U.S.C. § 2255(b); Ray v. United
States, 721 F.3d 758, 761 (6th Cir. 2013); Arredondo
v. United States, 178 F.3d 778, 782 (6th Cir.
1999). No hearing is required “if the petitioner's
allegations ‘cannot be accepted as true because they
are contradicted by the record, inherently incredible, or
conclusions rather than statements of fact.'”
Id. Where the same judge considering the Section
2255 motion also presided over the underlying criminal
proceedings, the judge may rely on his own recollection of
those proceedings. Blackledge v. Allison, 431 U.S.
63, 97 S.Ct. 1621, 1629 n.4, 52 L.Ed.2d 136 (1977);
Ray, 721 F.3d at 761.
Court has reviewed the pleadings, briefs, and records filed
in Petitioner's underlying criminal case, as well as the
pleadings and briefs filed by the parties in this case. The
Court finds it unnecessary to hold an evidentiary hearing
because these records conclusively establish that Petitioner
is not entitled to relief on the issues raised.
Johnson v. United States
Petitioner requests that the Court apply the decision in
Johnson v. United States, 135 S.Ct. 2551 (2015) to
reduce his sentence. The Government argues that the Petitioner
has waived the ability to raise ...