United States District Court, E.D. Missouri, Eastern Division
OPINION, MEMORANDUM AND ORDER
HENRY EDWARD AUTREY, District Judge.
This matter is before the Court on Movant's Motion under 28 U.S.C. § 2255 by a Person in Federal Custody, [Doc. No. 1]. Pursuant to this Court's Order, the government has responded to the motion to vacate. On May 14, 2014, the Court conducted a hearing with respect to Movant's claim that he asked counsel to file a notice of appeal and that counsel did not do so. For the reasons set forth below, the Motion is denied.
Movant makes the following claims in his Motion:
Ground One: Counsel was ineffective for failing to file a notice of appeal;
Ground Two: Counsel was ineffective for failing to investigate his criminal history;
Ground Three: Ineffective assistance of Counsel for failing to file a motion to dismiss the indictment because it was duplicitous;
Ground Four: actual innocence;
Ground Five: when movant entered his guilty plea, he was unaware he could challenge his criminal history.
Facts and Background
On April 22, 2010, Movant was indicted on one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). Movant plead guilty to this Count, pursuant to a written plea agreement on January 24, 2011.
A pre-sentence investigation report was prepared, as ordered by the Court.
Movant filed objections to the Pre Sentence Investigation Report, which the Court overruled. The Court sentenced Movant to 180 months incarceration and a period of 5 years supervised release. Movant ...