United States District Court, W.D. Missouri, Western Division
ORDER DENYING MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE
GREG KAYS, Chief District Judge.
Movant D'Shaun Butler ("Butler") pled guilty to one count of possessing a firearm as a felon. This Court sentenced him to fifty-seven months' imprisonment. Butler has now filed a motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255 (Doc. 1). For the reasons below, the motion is DENIED without an evidentiary hearing and the Court shall not issue a certificate of appealability.
Factual Background and Procedural History
Butler pled guilty in this Court to being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(1). At his change-of-plea hearing, Butler testified under oath:
THE DEFENDANT: [M]y charge of felon in possession of a firearm, I accept - I'm here today to accept responsibility for that. And it - what led to this charge is some poor decision making on my behalf.... I was involved with a female who hit me with a gun across my face, and who pulled out a firearm on me who I disarmed for the firearm. That's how I got in possession of the firearm.
And when the officers - when the officers came - when the officers pulled up, I actually thought that this woman called the police on me. And I'm like, wow, I'm a felon. I'm in firearm - I'm in possession of a firearm.
(Case No. 09-CR-235-W-DGK-1, Doc. 46, at 23).
The Court asked Butler whether he was pleading guilty under duress:
THE COURT: [H]as anyone threatened or abused you or your family to cause you to plead guilty here today?
THE DEFENDANT: No, sir.
( Id., at 29). Finally, the Court inquired on Butler's decision to waive his right to trial:
THE COURT: You understand that because you're pleading guilty today there will be no trial in Mr. [D'Shaun] Butler's case here today? You understand that?
THE DEFENDANT: Yes.
( Id., at 30).
The United States Court of Appeals for the Eighth Circuit recited the subsequent ...