United States District Court, S.D. Texas, Corpus Christi Division
MEMORANDUM OPINION & ORDER
D. RAINEY SENIOR U.S. DISTRICT JUDGE
before the Court is Defendant/Movant Bryan Felipe
Castillo's (Castillo) Motion to Vacate, Set Aside, Or
Correct Sentence pursuant to 28 U.S.C. § 2255 (D.E.
FACTS AND PROCEEDINGS
was arrested in 2013 after Border Patrol agents discovered
two bags of a white substance in his pocket. The drugs field
tested positive for methamphetamine. Castillo was charged in
a single count Indictment with possession with intent to
distribute more than 50 grams of a mixture or substance
containing methamphetamine, in violation of 21 U.S.C.
§§ 841(a)(1), and 841(b)(1)(B). Castillo pled
guilty without a plea agreement.
rearraignment, Castillo testified he was not promised
anything in exchange for his guilty plea. The Court advised
Castillo of the punishment range of a minimum of five years
up to 40 years' imprisonment, at least four years'
supervised release, potential fines, and a special assessment
of $100. Castillo testified he understood. D.E. 28, pp.
13-14. The Court further informed Castillo of the trial
rights available to him. He testified that he understood
those rights and understood that if he pled guilty he would
be giving up those rights. Id., pp. 16-17.
Government provided a factual recitation regarding
Castillo's possession of the methamphetamine. Castillo
agreed with the Government's rendition of the facts.
Id., pp. 23-26. The Court accepted Castillo's
Court ordered the U.S. Probation Office to prepare a
Presentence Investigation Report. Probation determined that
Castillo was responsible for 312.00 grams of 100% pure
methamphetamine, which resulted in a base offense level of
34. After credit for acceptance of responsibility, his total
offense level was 31. Castillo's criminal history
category was IV, resulting in a guideline range of 151 to 188
months, with a mandatory minimum sentence of five years.
was held in February 2014. Defense counsel argued for a minor
role reduction and a reduction based on Castillo's youth
(age 21), mental health, and abandonment as a child. The
Government argued for a low end Guideline sentence based upon
Castillo's criminal history. The Court denied minor role,
but sentenced Castillo below the Guidelines to 132
filed a late notice of appeal, and the Fifth Circuit
dismissed his appeal as untimely. The Court later reduced
Castillo's sentence to 121 months' imprisonment
pursuant to Amendment 782.
§ 2255 motion raises a single ground of relief: he pled
guilty to possession of a mixture of methamphetamine, but was
sentenced based on ICE, which has a harsher sentencing
penalty. He states he did not understand the distinction at
28 U.S.C. § 2255
are four cognizable grounds upon which a federal prisoner may
move to vacate, set aside or correct her sentence: 1)
constitutional issues, 2) challenges to the district
court's jurisdiction to impose the sentence, 3)
challenges to the length of a sentence in excess of the
statutory maximum, and 4) claims that the sentence is
otherwise subject to collateral attack. 28 U.S.C. §
2255; United States v. Placente, 81 F.3d 555, 558
(5th Cir. 1996). “Relief under 28 U.S.C. § 2255 is
reserved for transgressions of constitutional rights and for
a narrow range of injuries that could not have ...