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Kirby v. United States

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

May 25, 2017

RAYMOND LEE KIRBY, Petitioner
v.
UNITED STATES OF AMERICA,

          MEMORANDUM

          ALETA A. TRAUGER UNITED STATES DISTRICT JUDGE

         I. Introduction

         Pending before the court are the Petitioner's Motion To Vacate, Set Aside, Or Correct Sentence In Accordance With 28 U.S.C. § 2255 (Docket No. 1), the Government's Response (Docket No. 5), the Petitioner's Reply (Docket No. 6), and the Government's Supplemental Response (Docket No. 7).

         For the reasons set forth herein, the Motion To Vacate, Set Aside, Or Correct Sentence (Docket No. 1) is DENIED, and this action is DISMISSED.

         II. Procedural Background

         The Petitioner pled guilty to a Superseding Information charging knowing possession of a stolen firearm that had been transported in interstate commerce, in violation of 18 U.S.C. §§ 922(j) and 924. (Docket Nos. 34, 38, 39, 49 in Case No. 2:09cr00014). Through their Plea Agreement, the Government and the Petitioner agreed to a sentence of 120 months of imprisonment. (Id.)[1] At the subsequent sentencing hearing, on June 20, 2011, the court imposed the agreed 120-month sentence. (Docket Nos. 48, 51, 52 in Case No. 2:09cr00014). The record indicates that no appeal was taken.

         III. Analysis

         A. 28 U.S.C. § 2255

         The Petitioner has brought this action pursuant to 28 U.S.C. § 2255. Section 2255 provides a statutory mechanism for challenging the imposition of a federal sentence:

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 laws 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 attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.

28 U.S.C. § 2255(a). In order to obtain 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)).

         If a factual dispute arises in a § 2255 proceeding, the court is to hold an evidentiary hearing to resolve the dispute. Ray v. United States, 721 F.3d 758, 761 (6th Cir. 2013). An evidentiary hearing is not required, however, if the record conclusively shows that the petitioner conclusions rather than statements of fact.'” Id.

         Having reviewed the pleadings, briefs, and records filed in the Petitioner's underlying criminal case, as well as the filings in this case, the court finds it unnecessary to hold an evidentiary hearing because the records conclusively establish that the Petitioner is not entitled to relief on the issues raised.

         B. Johnson ...


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