United States District Court, N.D. Texas, Fort Worth Division
MEMORANDUM OPINION AND ORDER
MCBRYDE UNITED STATES DISTRICT JUDGE.
for consideration the motion of Storm Michael Blanton,
movant, under 28 U.S.C. § 2255 to vacate, set aside, or
correct sentence. After having considered the motion, its
attached memorandum, the government's response, the
reply, and pertinent parts of the record in No.
4:16-CR-085-A, styled "United States of America v. Storm
Michael Blanton," the court has concluded that the
motion should be denied.
contained in the record of the underlying criminal case
discloses the following:
On April 13, 2016, movant was named in a one-count indictment
charging him with being a felon in possession of a firearm,
in violation of 18 U.S.C. § 922(g)(1). CR
1. On July 1, 2016, 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. 24. 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. 25. 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. 45.
probation officer prepared the PSR, which reflected that
movant's base offense level was 14. CR Doc. 28, ¶
22. Movant received a two-level enhancement because the
firearm was stolen, id., ¶ 23, and a two-level
and a one-level decrease for acceptance of responsibility,
id. ¶¶ 29-30. Based on a total offense
level of 13 and a criminal history category of IV, the
guideline imprisonment range was 24 to 30 months.
Id. ¶ 89. The government filed objections to
the PSR, arguing that movant should receive an increase for
obstruction of justice and should not receive the decreases
for acceptance of responsibility. CR Doc. 29. Movant also
filed an objection to the PSR, arguing that he should not
receive criminal history points for a prior conviction. CR
Doc. 30. The probation officer prepared an addendum to the
PSR, accepting the government's objection that an
increase for obstruction of justice should be applied, but
continuing to conclude that movant should receive the
reduction for acceptance of responsibility. CR Doc. 34.
November 10, 2016, movant was sentenced to a term of
imprisonment of 9 0 months. CR Doc. 39. Movant appealed. CR
Doc. 41. His sentence was affirmed. United States v.
Blanton, 704 Fed.Appx. 390 (5th Cir. 2017). His petition
for writ of certiorari was denied. Blanton v. United
States, 138 S.Ct. 1452 (2018).
Grounds of the Motion
asserts five grounds in support of his motion, worded as
ONE: Federal Jurisdiction Doc. 8 at
TWO: Ineffective assistance of counsel Id.
THREE: Ineffective assistance of counsel
Id. at 6.
FOUR: Ineffective assistance of counsel Id.
FIVE: Ineffective assistance of ...