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Vickers v. United States

United States District Court, N.D. Texas Fort Worth Division

May 4, 2018

SHAUNA LYNN VICKERS, Movant,
v.
UNITED STATES OF AMERICA, Respondent.

          MEMORANDUM OPINION AND ORDER

          JOHN McBRYDE United States District Judge

         Came on 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.

         I.

         Background

         Information contained in the record of the underlying criminal case discloses the following:

         On June 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 Doc.[1] 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.

         The PSR 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.

         On 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.

         II.

         Grounds ...


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