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Hassler v. USA

United States District Court, M.D. Tennessee, Nashville Division

December 9, 2016

JOHN PAUL HASSLER, Petitioner
v.
USA. Respondent.

          MEMORANDUM

          ALETA A. TRAUGER U.S. District Judge.

         I. Introduction

         Pending before the Court are the Petitioner's pro se Motion For Sentence Reduction And Vacatur Of 18 U.S.C. § 922(g)(1) Pursuant To 28 U.S.C. § 2255(f)(3) - Johnson Claim (Docket No. 1), a Notice Regarding Supplemental Pleading (Docket No. 8), filed by counsel for the Petitioner, and the Government's Response (Docket No. 9) in opposition.

         For the reasons set forth herein, the Motion For Sentence Reduction And Vacatur Of 18 U.S.C. § 922(g)(1) Pursuant To 28 U.S.C. § 2255(f)(3) - Johnson Claim (Docket No. 1) is DENIED, and this action is DISMISSED.

         II. Procedural Background

         In the underlying criminal case, the Petitioner pled guilty, pursuant to a Plea Agreement, to being a convicted felon in possession of ammunition, in violation of 18 U.S.C. § 922(g)(1). (Docket Nos. 11, 12, 13, 24 in Case No. 2:06-cr-00020). At the subsequent sentencing hearing, the Court sentenced the Petitioner to a total term of 40 months of imprisonment. (Docket Nos. 25, 26, 27 in Case No. 2:06-cr-00020).

         In 2010, the Petitioner filed a Motion To Vacate under 28 U.S.C. § 2255 in Case No. 2:10-cv-00049, which was subsequently dismissed by the Court. (Docket Nos. 10, 11 in Case No. 2:10-cv-00049). On appeal, the Sixth Circuit denied the Petitioner's application for a certificate of appealability. (Docket No. 38 in Case No. 2:10-cv-00049).[1]

         III. Analysis

         A. The Section 2255 Remedy

         Section 2255 provides federal prisoners with a statutory mechanism by which to seek to have their sentence vacated, set aside or corrected.[2] 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 Cir. 2003)).

         An 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.

         The 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.

         B. Johnson v. United States

         The Petitioner requests that the Court apply the decision in Johnson v. United States, 135 S.Ct. 2551 (2015) to reduce his sentence. The Government ...


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