United States District Court, N.D. Texas, Fort Worth Division
MEMORANDUM OPINION AND ORDER
MCBRYDE, UNITED STATES DISTRICT JUDGE.
for consideration the motion of Ryan Craig White, movant,
under 28 U.S.C. § 2255 to vacate, set aside, or correct
sentence. The court, having considered the motion, the
government's response, the record in the underlying
criminal case, No. 4:18-CR-187-A, styled "United States
v. Ryan Craig White, et al.," and applicable
authorities, finds that the motion should be denied.
record in the underlying criminal case reflects the
August 7, 2018, movant was named, along with another, in a
one-count indictment charging him with possession of stolen
mail, in violation of 18 U.S.C. § 1708. CR
17. On September 19, 2018, 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. 26,
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. 28. 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 "absolutely" 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. 70.
probation officer prepared the PSR, which reflected that
movant's base offense level was 6. CR Doc. 3 5 ¶ 18.
He received a two-level increase for loss exceeding $6, 500,
id. ¶ 19, a two- level increase for an offense
involving ten or more victims, id. ¶ 20, and a
two-level increase for an offense that involved an
authentication feature. Id. ¶ 21. He received a
two-level reduction for acceptance of responsibility.
Id. ¶ 27. Based on a total offense level of 10
and a criminal history category of VI, movant's guideline
imprisonment range was 24 to 30 months. Id. ¶
91. Movant filed objections. CR Doc. 42. The probation
officer prepared an addendum to the PSR to reflect further
information gained about movant's history. CR Doc. 40. He
filed a second addendum to address movant's objections.
CR Doc. 46.
January 4, 2019, movant was sentenced to a term of
imprisonment of 60 months. CR Doc. 60. He did not appeal.
of the Motion
asserts three grounds in support of his motion, worded as
Ground One: DENIAL OF EFFECTIVE ASSISTANCE OF COUNSEL.
1 at 7.
Ground Two: DENIAL OF RIGHT TO ...