United States District Court, N.D. Texas, Fort Worth Division
MEMORANDUM OPINION AND ORDER
McBryde United States District Judge.
for consideration the motion of Manuel Gonzales, movant,
under 28 U.S.C. § 2255 to vacate, set aside, or correct
sentence. After having considered the motion, its supporting
memorandum, the government's response, the reply, and
pertinent parts of the record in No. 4:17-CR-157-A, styled
"United States of America v. Cameron Miles Baker, et
al.," the court has concluded that the motion should be
contained in the record of the underlying criminal case
discloses the following:
September 20, 2017, movant was named along with others in a
one-count information charging him 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. 80. On October 3,
2017, movant appeared before the court with the intent to
enter a plea of guilty to the offense charged without benefit
of a plea agreement. CR Doc. 94. Movant and his attorney
signed a factual resume setting forth the elements of the
offense, the maximum penalty movant faced, and the stipulated
facts supporting movant's guilt. CR Doc. 96. They also
signed a waiver of indictment. CR Doc. 95. Under oath, movant
stated that no one had made any promise or assurance of any
kind to induce him to plead guilty. Further, movant stated
his 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 ("PSR") was prepared; the court
could impose a sentence more severe than the sentence
recommended by the advisory guidelines and movant would be
bound by his guilty plea; movant was satisfied with his
counsel and had no complaints regarding his 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. CR Doc. 205.
probation officer prepared the PSR, which reflected that
movant's base offense level was 34. CR Doc. 118, ¶
27. He received a 2-level increase for possession of a
dangerous weapon, id. ¶ 28, a 2-level increase
for maintaining a premises for distributing a controlled
substance, id. ¶ 29, a 3-level increase for
being a manager or supervisor, id. ¶ 31, and a
2-level and a 1-level decrease for acceptance of
responsibility, id. ¶¶ 35, 36. Based on
his total offense level of 38 and criminal history category
of VI, movant's guideline range was 360 months to life.
However, the statutorily authorized maximum sentence was 4 0
years, so the guideline range became 360 to 480 months.
Id. ¶ 101.
filed objections to the PSR, to which the government
responded. CR Doc. 131. The probation officer prepared an
addendum to the PSR rejecting movant's objections. CR
Doc. 14 5. Movant again objected and the government filed a
response to his objections. CR Doc. 163. The probation
officer prepared a second addendum to the PSR, again
rejecting movant's objections. CR Doc. 166 .
February 2, 2018, movant and his counsel appeared for
sentencing. CR Doc. 175. Movant persisted in his objection to
the drug quantity attributed to him. CR Doc. 206 at 4. The
government presented evidence; movant did not. The court
overruled the objection and sentenced movant to a term of
imprisonment of 42 0 months. Id.; CR Doc. 178.
Movant appealed, CR Doc. 198, and his sentence was affirmed.
United States v. Gonzales, 751 Fed.Appx. 586 (5th
of the Motion
asserts two grounds in support of his motion, worded as
GROUND ONE: Mr. Gonzales' Plea was not
Knowingly, Intelligently and Voluntarily Entered as a Result
of ineffective ...