United States District Court, D. New Jersey
Jackson, Petitioner pro se.
Joseph Gribko, AUSA United States Attorney's Office
Attorney for Respondent United States of America
THOMPSON, U.S. DISTRICT JUDGE.
Jackson ("Petitioner") moves to vacate, correct, or
set aside his federal sentence pursuant to 28 U.S.C. Â§ 2255.
Amended Motion, Docket Entry 5. Respondent United States of
America opposes the motion- Answer, Docket Entry 7. For the
reasons stated herein, Petitioner's motion is denied, and
no certificate of appealability will issue.
August 1, 2013, Petitioner was charged via complaint with
possessing a firearm and ammunition after being convicted of
a crime punishable by more than one year. 18 U.S.C. §
922(g)(1). The FBI searched Petitioner's home on August
9, 2013 and discovered evidence of drug trafficking and dog
fighting. Answer ¶¶ 24-25.
and the United States entered into a plea agreement in which
Petitioner agreed to plead guilty to an information charging
him with one count of unlawful possession of a firearm, 18
U.S.C. § 922(g)(1), and one count of possession of an
animal for the purpose of engaging in an animal fighting
venture, 7 U.S.C. § 215 6(b). Plea Agreement, Respondent
Exhibit A. The United States agreed not to prosecute
Petitioner for certain other firearms and controlled
substances offenses in exchange for Petitioner's guilty
plea. Id. at 1. Petitioner also agreed to waive
certain appellate and collateral attack rights. Plea
Agreement Schedule A ("Schedule A") ¶ 15.
Court conducted a hearing pursuant to Federal Rule of
Criminal Procedure 11 on September 29, 2014..Plea Transcript,
Respondent Exhibit C. Petitioner confirmed he wanted to waive
his right to have a grand jury return an indictment and that
no one had threatened him or promised him anything that was
not in the plea agreement in order to get him to plead
guilty. Id. 5:6- 25. He further confirmed he signed
the Rule 11 form after reviewing it with his attorney.
Id. 7:1-5, 11:16-20. See also Application
for Permission to Plead Guilty ("Rule 11 Form"),
Respondent Exhibit B. The Court reviewed the rights
Petitioner waived by pleading guilty, and the United States
reviewed the terms of the plea agreement.
parties agreed that several sentencing enhancements applied
to Petitioner's sentence, including two four-level
enhancements under U.S.S.G. §§ 2K2.1(b)(5) and
2K2.1(b)(6)(B). Schedule A ¶¶ 5, 7. The agreement
also set forth that Petitioner waived his right to file an
appeal or collateral attack, including a motion pursuant to
28 U.S.C. § 2255, that "challenge[d] the sentence
imposed by the sentencing court if that sentence falls within
or below the Guidelines range that results from offense level
35 or, if U.S.S.G. 5Gl.l(a) applies in accordance with
paragraph 13, 18 0 months." Id. ¶ 15. The
parties agreed that a 180-month sentence would be reasonable.
Id. ¶ 13. The United States also agreed to
submit a 5K1.1 motion. Answer ¶ 31. Petitioner indicated
the United States' summary of the plea agreement
conformed to his understanding of the terms, and admitted to
selling firearms and possessing them in connection with
narcotics trafficking and to possessing pit bulls for the
purpose of dog fighting. Plea Transcript 15:11-13, 17:14 to
18:14. The Court accepted Petitioner's guilty plea and i
determined Petitioner was knowingly and voluntarily waiving
his rights. Id. 19:11-14.
parties appeared before the Court on May 28, 2015 for
sentencing. Sentencing Transcript, Respondent's Exhibit
D. The Court calculated the guideline range to be between 262
and 327 months based on an offense level of 34 and criminal
history category of 6. Id. 18:4-8. After hearing
argument from trial counsel and Petitioner regarding
mitigating factors, the Court sentenced Petitioner to 110
months incarceration. Id. 18:20-22. Petitioner did
not file a direct appeal.
filed a motion under 28 U..S.C. § 2255 on May 31, 2016.
Docket Entry 1. On June 2, 2016, this Court issued a notice
and order pursuant to United States v. Miller, 197
F.3d 644 (3d Cir. 1999) advising Petitioner of his rights and
the potential consequences of filing the § 2255 motion.
Miller Order, Docket Entry 2. Petitioner responded
on June 20, 2016 indicating he wished to withdraw the filed
petition and file a new all-inclusive petition.
Miller Response, Docket Entry 3. The Court gave
Petitioner 30 days to submit his all-inclusive petition,
which Petitioner submitted on July 27, 2016, Docket Entry 5.
Respondent filed its answer on October 28, 2016, Docket Entry
7, and Petitioner did not submit a traverse.
motion is now being considered on the papers as the record
conclusively shows Petitioner is not entitled to an
evidentiary hearing or relief. Fed.R.Civ.P. 78(b); 28 U.S.C.