United States District Court, N.D. Texas, Fort Worth Division
MEMORANDUM OPINION AND ORDER
for consideration the motion of Alfredo Malachi Heard,
movant, to set aside, vacate, or correct sentence under 28
U.S.C. § 2 2 55. The court, having considered the
motion, the government's response, the record in the
underlying criminal case, No. 4:15-CR-129-A, styled
"United States v. Humberto Macedo, et al.," and
applicable authorities, finds that the motion should be
record in the underlying criminal case reflects the
December 9, 2015, movant was named, along with others, in one
count of a three-count 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. §
846. CR Doc. 157. Movant was a fugitive for a period of
time. CR Doc. 416. On January 13, 2017, movant appeared
before the court with the intent to enter a plea of guilty to
the offense charged with the benefit of a plea agreement. CR
Doc. 449. 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. 451. They had earlier signed a
plea agreement, which was presented to the court. CR Doc.
450. 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. .
probation officer prepared the PSR, which reflected that
movant's base offense level was 34. CR Doc. 459, ¶
33. He received two-level enhancements for possession of
firearms, Id. at ¶ 34, importation from Mexico,
id. at ¶ 35, and maintaining a drug premises,
id. at ¶ 36. He received a two-level and a
one-level reduction for acceptance of responsibility.
Id. at ¶¶ 42, 43. Based on a total offense
level of 37 and a criminal history category of IV,
movant's guideline range was 2 92 to 3 65 months.
Id. at ¶ 96. Movant filed objections, CR Doc.
485, and the probation officer prepared an addendum to the
PSR rejecting the objections. CR Doc. 464.
12, 2017, the court sentenced movant to a term of
imprisonment of 2 92 months. CR Doc. 4 76. Movant appealed,
CR Doc. 483, and the judgment was affirmed. United States
v. Heard, 891 F.3d 574 (5th Cir. 2018).
of the Motion
raises three grounds in support of his motion, worded as
GROUND ONE; Ineffective or deficient
representation of defense counsel. Doc. 1 at
GROUND TWO: Constitutional rights violated.
Id. at PageID 5.
GROUND THREE: Illegal sentence exceeding
sentencing guidelines and 18 U.S.C. § 3553. Id.