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Hardin v. United States

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

October 11, 2019

JAKE LINDSEY HARDIN, Movant,
v.
UNITED STATES OF AMERICA, Respondent.

          MEMORANDUM OPINION AND ORDER

          John McBryde, United States District Judge.

         Came on for consideration the motion of Jake Lindsey Hardin ("movant") under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence. After having considered the motion, the government's motion to dismiss, and pertinent parts of the record in No. 4:16-CR-132-A, styled "United States of America v. Charles Ben Bounds, et al.," finds that the government's motion to dismiss should be granted.

         I. Background

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

         On June 15, 2016, movant was named in a second superseding indictment 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. § 84 6. CR Doc.[1] 2 86. On December 6, 2016, movant was named in a superseding information charging him with conspiracy to possess with intent to distribute a mixture and substance containing a detectable amount of methamphetamine, in violation of 21 U.S.C. § 84 6. CR Doc. 8 98. On December 15, 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. 935. 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. 937. They also signed a waiver of indictment. CR Doc. 936. 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.

         The probation officer prepared the PSR, which reflected that movant's base offense level was 32. CR Doc. 1278, ¶ 35. He received a two-level enhancement for possession of a weapon, id. ¶ 36, a two-level enhancement for importation of methamphetamine, id. ¶ 37, and a two-level enhancement for maintenance of a drug premises. Id. ¶ 38. He also received a two-level and a one-level reduction for acceptance of responsibility. Id. ¶¶ 44, 45. Based on a total offense level of 35 and a criminal history category of V, movant's guideline imprisonment range was 2 62 to 32 7 months. However, the statutorily-authorized maximum sentence was 20 years, so his guideline range became 240 months. Id. ¶ 110.

         Movant was sentenced to a term of imprisonment of 24 0 months. CR Doc. 1346. He appealed, CR Doc. 1348, and on March 22, 2018 his appeal was dismissed as moot.[2] United States v. Hardin, 718 Fed.Appx. 287 (5th Cir. 2018). Movant did not file a petition for writ of certiorari.

         Movant twice filed motions for extension of time in which to file a motion under 28 U.S.C. § 2255. CR Doc. 1529; CR Doc. 1532. The court denied those motions. CR Doc. 1530; CR Doc. 1533.

         II.

         Grounds of the Motion

         Movant raises two grounds in support of his motion, worded as follows:

         Ground One: 922(g) conviction.

         Doc.[3] 1 ...


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