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United States v. Medina

United States District Court, W.D. Arkansas, Fayetteville Division

March 27, 2018

UNITED STATES of AMERICA PLAINTIFF/RESPONDENT
v.
FRANK MEDINA, JR. DEFENDANT/MOVANT

          MEMORANDUM OPINION AND ORDER

          TIMOTHY L. BROOKS UNITED STATE DISTRICT JUDGE.

         Currently before the Court is a pro se 28 U.S.C. § 2255 Motion and Supplement to the Motion filed by Defendant/Movant Frank Medina, Jr. (hereinafter "Defendant"). (Docs. 50, 55). The Government has filed a Response and a Supplement to the Response (Docs. 56, 57), and Defendant has filed a Reply[1] (Doc. 58). The § 2255 motion is now ripe for consideration. An evidentiary hearing is not warranted in this matter, as the § 2255 motion, files, and records in this case conclusively show that Defendant is not entitled to relief. See 28 U.S.C. § 2255(b); Jeffries v. United States, 721 F.3d 1008, 1014 (8th Cir. 2013).

         I. BACKGROUND

         On January 29, 2014, Defendant was indicted on one count of conspiring to distribute methamphetamine; three counts of distributing more than 50 grams of actual methamphetamine; and one count of possession with intent to distribute methamphetamine, all in violation of 21 U.S.C. § 841(a)(1). (Doc. 1.) On April 1, 2014, Defendant pled guilty before United States Magistrate Judge Erin L. Wiedemann[2] to one count of distributing more than 50 grams of actual methamphetamine. (Doc. 19.) Judge Wiedemann issued a Report and Recommendation (Doc. 20), recommending that Defendant's guilty plea be accepted, and noting that Defendant waived his right to file objections to the Report and Recommendation both on the record at the plea hearing and in his written plea agreement (Doc. 19 ¶ 3). On April 2, 2014, the undersigned adopted the Report and Recommendation and accepted Defendant's guilty plea. (Doc. 21.) On October 17, 2014, the undersigned sentenced Defendant to 210 months imprisonment and 5 years supervised release. (Doc. 45.) Defendant did not file a direct appeal.

         Defendant filed the instant pro se Motion to Vacate under 28 U.S.C. § 2255, asserting the following grounds for relief:

         (1) The indictment procedure was flawed in the following ways:

* a complaint detailing the essential facts of the offenses charged was never filed;
*he was not allowed to testify or present exculpatory evidence during the grand jury proceedings;
*the indictment failed to set forth a specific drug amount or drug type (d- or l-Methamphetamine); and
* the indictment was not signed or made under oath.
(2) His guilty plea before a Magistrate Judge was unconstitutional.
(3) His conviction only subjected him to a 5-year mandatory minimum as opposed to a 10-year mandatory minimum sentence.
(4) His 210-month sentence creates an unwarranted sentencing disparity.
(5) The record failed to establish whether he was "sentenced for d- or L-Methamphetamine." (Doc. ...

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