United States District Court, N.D. Texas Fort Worth Division
MEMORANDUM OPINION AND ORDER
McBRYDE United States District Judge
for consideration the motion of Shauna Lynn Vickers
("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, the reply, and pertinent parts of the record in No.
4:16-CR-132-A, styled "United States of America v.
Charles Ben Bounds, et al., " the court has concluded
that the motion should be denied.
contained in the record of the underlying criminal case
discloses the following:
15, 2016, movant was named along with others in a one-count
second superseding indictment charging her with conspiracy to
possess with intent to distribute 50 grams or more of a
mixture and substance containing a detectable amount of
methamphetamine, in violation of 21 U.S.C. § 846. CR
286. On October 7, 2016, movant appeared for rearraignment
and pleaded guilty to the offense charged. CR Doc. 724.
Movant signed a factual resume setting forth the penalties
she faced, the elements of the offense, and the stipulated
facts reflecting that she had committed each of the elements
of the offense. CR Doc. 725. Under oath, movant stated that
no one had made any promise or assurance of any kind to
induce her to plead guilty. Further, movant stated her
understanding that the guideline range was advisory and was
one of many sentencing factors the court could consider; that
the guideline range could not be calculated until the
presentence report (nPSR") was prepared; the
court could impose a sentence more severe that the sentence
recommended by the advisory guidelines and movant would be
bound by her guilty plea; movant was satisfied with her
counsel and had no complaints regarding her representation;
and, movant and counsel had reviewed the factual resume and
movant understood the meaning of everything in it and the
stipulated facts were true and accurate. CR Doc. 1458.
reflects that movant's base offense level was 36 and that
she received two two-point enhancements for possession of a
firearm and for importation of drugs from Mexico. CR Doc.
1018 at 12, ¶¶ 37-39. Movant received a three-level
reduction for acceptance of responsibility, giving her a
total offense level of 37. Id. at 13, ¶ 47.
Based on her total offense level and criminal history
category of II, movant was subject to a term of imprisonment
of 235 to 293 months' imprisonment. Id. at 24,
¶ 108. Movant gave notice stating that she had no
objections to the PSR. CR Doc. 1260.
February 24, 2017, movant was sentenced to a term of
imprisonment of 23 5 months. CR Doc. 124 7, At the conclusion
of the sentencing hearing, the court admonished movant that
she had the right to appeal and that the clerk of court would
file a notice of appeal on her behalf if she specifically
requested it. CR Doc. 1459 at 14. The court also pointed out:
You and your attorney have been given a form that outlines
certain rights and obligations in reference to an appeal. If
you haven't already done so, I want both of you to review
it and be sure you understand it, and once both of you are
satisfied you understand it, I want both of you to sign it
and return it to the court coordinator.
Has that been done?
Id. Movant's counsel stated that it had been
done. Id.; CR Doc. 1244. Movant did not appeal.