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Martin v. United States

United States District Court, W.D. Missouri, Western Division

October 20, 2015

FRANK T. MARTIN, Movant,
v.
UNITED STATES OF AMERICA, Respondent

          For USA, Plaintiff (4:10-cr-00299-GAF-1): Catherine A. Connelly, LEAD ATTORNEY, United States Attorney's Office, Kansas City, MO.

         For Frank T Martin, Movant (4:15-cv-00617-GAF): FPD, LEAD ATTORNEY, Federal Public Defender, Kansas City, MO; Laine T Cardarella, LEAD ATTORNEY, Federal Public Defender's Office - KCMO, Kansas City, MO.

         For USA, Respondent (4:15-cv-00617-GAF): Catherine A. Connelly, LEAD ATTORNEY, United States Attorney's Office, Kansas City, MO.

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         ORDER

         GARY A. FENNER, United States District Judge.

         Presently before the Court is Movant Frank T. Martin's (" Movant" ) Motion to Vacate, Set Aside, or Correct a Sentence pursuant to 28 U.S.C. § 2255. (Doc. # 1).[1] Respondent United States of America (the " Government" ) opposes. (Doc. # 5). For the reasons set forth below, Movant's Motion is DENIED.

         DISCUSSION

         I. FACTS

         On October 20, 2010, Movant was indicted for three counts of distribution of cocaine (Counts I-III), being a felon in possession of a firearm (Count IV), and for carrying a firearm during and in relation to a drug trafficking offense (Count V). (Case No. 10-00299-CR-W-GAF, Doc. # 1, pp. 2-3). On October 20, 2011, Movant pled guilty to all counts of the Indictment. ( Id., Doc. # 37).

         Movant's presentence investigation report (the " PSR" ) was prepared and determined that Movant's sentencing guideline range was between 262 and 327 months. ( Id., PSR ¶ 74). This recommendation included a sentencing enhancement for Count IV, because it was determined that

Page 1049

Movant qualified as a career criminal. ( Id., PSR ¶ 31). Movant was considered a career criminal because he previously committed burglary in the second degree, robbery in the first degree, and resisted arrest. ( Id., PSR ¶ 22). Movant's sentencing hearing took place on September 17, 2012. ( Id., Doc. # 49). Movant was sentenced to 180 months on each of Counts I-IV, with those sentences to run concurrently, and to 60 months under Count V, with that sentence to run consecutively to the other sentences. ( Id., Sentencing Transcript (" Sent. Tr." ) 5:19-6:9).

         II. LEGAL STANDARD

         Under 28 U.S.C. § 2255, a movant may collaterally attack his sentence on four grounds: " (1) 'that the sentence was imposed in violation of the Constitution or laws of the United States,' (2) 'that the court was without jurisdiction to impose such sentence,' (3) 'that the sentence was in excess of the maximum authorized by law,' and (4) that the sentence 'is otherwise subject to collateral attack.'" Hill v. United States, 368 U.S. 424, 426-27, 82 S.Ct. 468, 7 L.Ed.2d 417 (1962) (quoting 28 U.S.C. § 2255). Arguments that might warrant ...


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