Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Pease v. United States

United States District Court, N.D. Ohio, Eastern Division

February 14, 2018

DANIEL R. PEASE, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          OPINION AND ORDER

          CHRISTOPHER A. BOYKO United States District Judge

         This matter is before the Court on Petitioner's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. §2255 (ECF #27). The Government filed a Response in Opposition to Petitioner's Motion (ECF#29). For the following reasons, the Court denies Petitioner's Petition.

         FACTS

         Petitioner was indicted on June 2, 2009 by a federal grand jury for Receipt and Distribution of Visual Depictions Involving Real Minors Engaged in Sexually Explicit Conduct, Receipt and Distribution of Child Pornography and Possession of Child Pornography. Petitioner pled guilty to the Indictment and on February 25, 2010, the Court sentenced Petitioner to a 156-month term of imprisonment on Counts One and Two and a 120-month term of imprisonment on Count Three, to be served concurrently. Petitioner filed a Notice of Appeal on March 3, 2010. Petitioner then filed a Motion to Voluntarily Dismiss the Appeal, which was granted by the Court of Appeals on April 1, 2010.

         On October 30, 2017, Petitioner filed the instant Motion to Vacate, Set Aside or Correct Sentence requesting a sentence reduction based on Sentencing Commission Guideline Amendments. On January 9, 2018, Respondent filed a Response in Opposition to Petitioner's Motion.

         STANDARD OF REVIEW

         Section 2255 of Title 28, United States Code, provides:

A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.

         In order to prevail upon a §2255 motion, the movant must allege as a basis for relief: ‘(1) an error of constitutional magnitude; (2) a sentence imposed outside the statutory limits; or (3) an error of fact or law that was so fundamental as to render the entire proceeding invalid. '” Mallett v. United States, 334 F.3d 496-497 (6th Cir. 2003), quoting Weinberger v. United States, 268 F.3d 346, 351 (6th Cir.2001).

         ANALYSIS

         Petitioner argues that the November 1, 2016, amendments to the United States Sentencing Guidelines (Amendment 801) apply retroactively through 18 U.S.C. §3582(c)(2) to allow the Court to modify his 156 month sentence. Under 18 U.S.C. §3582(c)(2):

(c) The court may not modify a term of imprisonment once is has been imposed except that-
(2) in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. 994(o), upon motion of the defendant, …the court may reduce the term of imprisonment, …if such a reduction is consistent with applicable policy statement issued by the Sentencing Commission.

         United States Sentencing Guidelines Section 1B1.10 only permits the court to reduce the defendant's term of imprisonment as provided by § 3582(c)(2) if the guideline range applicable to the defendant has been subsequently lowered by an amendment listed in subsection (d) of the policy statement. In this ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.