United States District Court, N.D. Texas, Fort Worth Division
MEMORANDUM OPINION AND ORDER
MCBRYDE UNITED STATES DISTRICT JUDGE.
for consideration the motion of movant, Christopher Louis
Conde, to vacate, set aside, or correct sentence under 28
U.S.C. § 2255. The court, having considered the motion,
the government's response, the record, including the
record in the underlying criminal case, No. 4:17-CR-057-A,
styled "United States v. Johnny Flores, et al.,"
and applicable authorities, finds that the motion should be
contained in the underlying criminal case discloses the
April 12, 2017, movant was named in a one-count indictment
charging him and a co-defendant 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. 15. Movant absconded and a
warrant was issued for his arrest. CR Doc. 37. Movant was
arrested almost a year later. CR Doc. 74. On March 15, 2018,
he was named in a one-count superseding information charging
him with possession with intent to distribute a mixture and
substance containing a detectable amount of methamphetamine.
CR Doc. 78.
March 28, 2018, movant appeared before the court with the
intent to enter a plea of guilty to the offense charged by
the superseding information without benefit of a plea
agreement. CR Doc. 81. 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. 84. They also signed a
waiver of indictment. CR Doc. 83. 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. 112.
probation officer prepared the PSR, which reflected that
movant's base offense level was 32. CR Doc. 88, ¶
27. He received a two-level increase for importation of
methamphetamine, id. ¶ 28, and a two-level
increase for obstruction of justice, id. ¶ 31.
Based on a total offense level of 36 and a criminal
history-category of I, his guideline imprisonment range was
18 8 to 23 5 months. Id. ¶ 84. Movant filed
objections, CR Doc. 90, a motion for downward departure based
on U.S.S.G. 3B1.2, CR Doc. 91, and a motion for downward
departure and/or variance pursuant to 18 U.S.C. § 3553
(a}, CR Doc. 92. The probation officer prepared an addendum
to the PSR, CR Doc. 93, and movant again objected, CR Doc.
106. The probation officer prepared a second addendum to the
PSR, recognizing that movant met the requirements for the
safety valve, giving him an offense level of 34 and a
guideline imprisonment range of 151 to 188 months. CR Doc.
August 31, 2018, movant was sentenced to a term of
imprisonment of 151 months. CR Doc. 104; CR Doc. 113. He did
of the Motion
asserts two grounds in support of his motion, worded as
GROUND ONE: INEFFECTIVE ASSISTANCE OF
COUNSEL PRIOR TO AND AFTER CHANGE OF PLEA ...