United States District Court, N.D. Texas, Fort Worth Division
MEMORANDUM OPINION AND ORDER
MCBRYDE, UNITED STATES DISTRICT JUDGE.
for consideration the motion of Misty Carole Taylor
("movant") under 2 8 U.S.C. § 2255 to vacate,
set aside, or correct sentence. After having considered such
motion, its supporting memorandum, the government's
response,  and pertinent parts of the record in Case
No. 4:15-CR-239-A, styled "United States of America v.
Lorenzo Demetric Williams, et al., " the court has
concluded that the motion should be dismissed for want of
contained in the record of the underlying criminal case
discloses the following:
November 12, 2015, movant was named along with others in a
one-count first superseding indictment charging her with
conspiracy to make, possess, and utter forged and counterfeit
securities, in violation of 18 U.S.C. § 371. CR
45. On December 10, 2015, movant pleaded guilty. CR Doc. 89.
On March 25, 2016, movant was sentenced to a term of
imprisonment of 30 months, to run consecutively to her
undischarged state sentence on an unrelated offense. CR Doc.
167. Movant did not appeal.
of the Motion
urges one ground in support of her motion. She says that she
received ineffective assistance of counsel, saying:
My lawyer persuaded me that I made the correct decision and I
was also given incorrect information pertaining to my
sentencing. 1) was told I did not play minor role and I could
not get it. 2) was told I could not get my state time run
concurrent with federal time.
conviction and exhaustion, or waiver, of any right to appeal,
courts are entitled to presume that a defendant stands fairly
and finally convicted. United States v. Frady, 456
U.S. 152, 164-165 (1982}; United States V. Shaid,
937 F.2d 228, 231-32 (5th Cir, 1991). A defendant can
challenge his conviction or sentence after it is presumed
final on issues of constitutional or jurisdictional magnitude
only, and may not raise an issue for the first time on
collateral review without ...