United States District Court, N.D. Texas, Fort Worth Division
MEMORANDUM OPINION AND ORDER
for consideration the motion of movant, Taylor Ashley Emmons,
under 2 8 U.S.C. § 2255 to vacate, set aside, or correct
sentence. After having considered the motion, its
attachments, the government's response, the reply, and
pertinent parts of the record in No. 4:17-CR-158-A, styled
"United States of America v. Carly Jean
Benningfield, et. al, " the court has concluded
that the motion should be denied.
September 20, 2017, movant was named, along with others, in a
one-count information 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. 75. On September
26, 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. 90. Movant and her 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. 95. They also
signed a waiver of indictment. CR Doc. 91. 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 ("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 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 correct.
probation officer prepared the PSR, which reflected that
movant's base offense level was 24. CR Doc. 120, ¶
19. Movant received a two-level enhancement for possession of
firearms, id. ¶ 20, and a two-level enhancement
for maintaining a premises for distributing a controlled
substance, id., ¶ 21. She received a two-level and a
one-level adjustment for acceptance of responsibility.
Id. ¶¶ 27-28. Based on a total offense
level of 25 and a criminal history category of IV,
movant's guideline imprisonment range was 84 to 105
months. Id. ¶ 86. The government filed
objections to the PSR, CR Doc. 126, to which movant
responded, CR Doc. 230. The probation officer prepared an
addendum to the PSR, accepting the government's
objections and recalculating movant's total offense level
as 31 and her guideline range as 151 to 188 months. CR Doc.
144. Movant made a response to the addendum. CR Doc. 231. By
order signed June 12, 2018, the court noted that the response
did not appear to lodge objections to the addendum, but to
the extent it might have been intended to include objections,
the court tentatively concluded that such objections were
without merit. CR Doc. 2 05.
15, 2018, the court sentenced movant to a term of
imprisonment of 188 months. CR Doc. 22 8. On June 19, 2018,
movant filed a document titled "Defendant's Waiver
of Filing Notice of Appeal." CR Doc. 23 7.
Grounds of the Motion
urges four grounds in support of her motion, worded as
GROUND ONE: Defendant's attorney advised
her that appealing in McBryde's court only results in
1 at PagelD 4.
GROUND TWO: Defendant's attorney failed
to properly investigate causing errors in her presentence
Id. at PagelD 5.
GROUND THREE: Defendant's attorney was
[sic] ineffective assistance of counsel since he failed to
object to or ...