Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mathis v. United States

United States District Court, E.D. Missouri, Southeastern Division

September 27, 2017

JOHNNIE D. MATHIS, Petitioner,
v.
UNITED STATES OF AMERICA, Defendant.

          MEMORANDUM AND ORDER

          STEPHEN N. LIMBAUGH, JR., UNITED STATES DISTRICT JUDGE.

         Petitioner, Johnnie D. Mathis, has filed this motion for relief from his sentence, asserting that he should be resentenced under the provisions of 18 U.S.C. § 3582(c)(2). Mathis contends that his sentencing range has been lowered since his original sentencing date by the Sentencing Commission. Mathis seeks to use Amendment 798 as the basis for his claim, along with various citations from Johnson v. United States, 135 S.Ct. 2551 (2015) and Mathis v. United States, 136 S.Ct. 2243 (2016). Mathis believes that Amendment 798 must be applied retroactively to his case and that he is entitled to relief based on Johnson and Mathis. There is no merit to any of Mathis' claims.

         I. Underlying conviction and sentence:

         Mathis was originally indicted on February 18, 2010, by a Grand Jury for the Eastern District of Missouri for the charge of Felon in Possession of Ammunition in violation of 18 U.S.C. § 922(g)(1). (DCD 1) Based on the law that existed at that time, Mathis would be classified as an Armed Career Criminal if convicted of that charge, since Mathis had three prior violent felony convictions. As noted below, defendants convicted of being a Felon in Possession of Firearms and/or Ammunition and who are Armed Career Criminals are subject to a minimum sentence of 15 years and a maximum of life. After Mathis made his Initial Appearance, his attorney approached the Government and requested that the Government consider amending the charge to Possession of Stolen Ammunition in violation of 18 U.S.C. § 922(j).

         The significance of that amended charge was that the classification of Armed Career Criminal did not apply to § 922(j) convictions and the maximum punishment for that violation was ten years. Mathis' attorney agreed that Mathis would plead guilty to that charge and accept a sentence of 120 months, the maximum punishment for that charge. Everyone understood that this sentence would be a significant upward variance for the conviction for Possession of Stolen Ammunition, but would be substantially less than Mathis would receive as an Armed Career Criminal. The Government agreed to the request and prepared a Superceding Information charging Mathis with the offense of Possession of Stolen Ammunition. (DCD 49) On November 8, 2010, Mathis pled guilty to the Superceding Information by appearance in this Court and with a written Plea Agreement. (DCD 53) Mathis agreed to waive indictment by a grand jury on the charge made in the Superceding Information. Mathis agreed to accept a sentence of 120 months for that conviction. The Government agreed to dismiss Mathis' charge of Felon in Possession of Ammunition as charged in the Indictment at sentencing. The written plea agreement set out the parties' agreement as to the amended charge and the reasons for the sentence:

         The defendant understands that his Indictment charged the defendant with

being a Felon in Possession of Ammunition as an Armed Career Criminal pursuant to the sentencing provisions of 18 U.S.C. 924(e). Those provisions required that the defendant be sentenced to a mandatory minimum sentence of 180 months. The parties have agreed that the defendant will instead plead guilty to a lesser offense in an Information, that of Possession of Stolen Ammunition. This new charge carries a maximum sentence of 120 months. The parties have agreed that they will each recommend that this Court impose a sentence of 120 months upon the defendant as a fair and reasonable sentence, given the circumstances of the crime and this plea agreement. In the event that the Sentencing Guidelines recommend a term of imprisonment of less than 120 months, each party agrees that it will recommend that an upward variance be granted to result in a sentence of 120 months. The parties will further recommend that this sentence be run concurrent with any undischarged term of state imprisonment and that the federal sentence will begin on the date the federal sentence is imposed.

(DCD 53, pp. 2, 3)

         A Presentence Investigation Report (“PSR”) was prepared to calculate Mathis' Sentencing Guideline range. That report reflected that Mathis' Total Offense Level was 21 and his Criminal History Category was VI. (PSR, pp. 3, 4, 8) Mathis' Sentencing Guideline range was calculated to be 77 to 96 months. (PSR, p. 14) The PSR also disclosed the effect of the Plea Agreement, noting that Mathis was facing a minimum sentence of 180 months if convicted of the original charge of Felon in Possession of Ammunition, and that the maximum sentence for the current charge was 120 months. (PSR, p. 14)

         On February 8, 2011, Mathis appeared before this Court for sentencing. There were no objections to the findings or calculations set out in the PSR. (Sent. Tr. p. 2) The Court found Mathis' Sentencing Guideline range to be 77 to 96 months imprisonment, just as recommended by the PSR. (Sent. Tr. p. 2) The Government recommended a sentence of 120 months as set out in the Plea Agreement. (Sent. Tr. p. 3) Mathis' attorney recommended a sentence of 120 months. (Sent. Tr. p. 4) The Court then imposed the sentence of 120 months for Mathis. (Sent. Tr. p. 6) Mathis did not appeal his sentence.

         II. Current claims:

         Mathis makes several claims in his Motion, which he asserts is under the authority of 18 U.S.C. § 3582(c)(2). Those claims, and the Government's Responses, are set out as follows:

         A. “Mathis was subjected to an enhanced criminal history category as a Career Offender pursuant to the U.S. Sentencing Guidelines §§ 4B1.2, 2K2.2.” Mathis' Motion, p. 1.

         Mathis appears to believe that he was sentenced as either a career offender under U.S.S. G. § 4B1.1 or an Armed Career Criminal pursuant to 18 U.S.C. § 924(e). Of course, Mathis was not classified as either a career offender or Armed Career Criminal. His PSR does not contain any reference to any offense levels being assigned to Mathis as either a career offender or Armed Career Criminal. Mathis' assertion that he was subjected to an enhanced criminal history category as a career offender is simply mistaken. A cursory review of Mathis' PSR reveals that Mathis' Sentencing Guideline range was calculated under U.S.S.G. § 2K2.1, not the career offender guidelines under §4B1.

         Furthermore, no matter what the offense levels, criminal history category or Guideline range was, Mathis agreed to a sentence of 120 months. Mathis specifically agreed to an upward variance to a final sentence of 120 months, which is what this Court imposed. Mathis' sentence is a direct result of his bargain and a sentence that Mathis himself requested.

         As a factual matter, Mathis' assertion that he was subjected to an enhanced criminal history category as a career offender is simply incorrect.

         B. “The defendant falls within the exception in § 3582(c)(2)'s “ . . . who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. § 994(o) . . .” Mathis' Motion, p. 1.

         In this claim, Mathis contends that he is eligible for a reduction in his sentence pursuant to § 3582(c)(2). Mathis' original offense levels were calculated based on his having convictions for two crimes of violence. If Amendment 798 were retroactively applied to his sentence, Mathis' Guideline ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.