United States District Court, W.D. Arkansas, Hot Springs Division
MAGISTRATE JUDGE'S REPORT AND
BARRY A. BRYANT U.S. MAGISTRATE JUDGE.
MICHAEL SHANE GOLDEN (“GOLDEN”), who is
proceeding pro se, filed a Motion under 28 U.S.C.
§ 2255 to Vacate, Set Aside, or Correct Sentence on May
14, 2018. ECF No. 43. The Motion was referred for findings of
fact, conclusions of law, and recommendations for the
disposition of the case. The Court has reviewed the Motion
and the record in this case. Based upon that review, the
Court recommends this Motion be DENIED as
January 13, 2017, GOLDEN entered a plea of guilty to a charge
of violation of 18 U.S.C. § 922(g)(1), felon in
possession of a firearm. ECF Nos. 18, 19. On September 12,
2017, GOLDEN was sentenced to sixty-six (66) months
imprisonment. ECF No. 29. On September 21, 2017, he filed a
Motion to Amend or Correct Judgment, requesting the Judgment
be amended to:
reduce his federal sentence for the time period from
February, 2017 to the date the amended Judgment is entered,
and to run his federal sentence concurrently, beginning on
the date the amended Judgment is entered, with the parole
revocation sentence for the Arkansas case in Paragraph 76 of
the final PSR . . .
ECF No. 31. The next day, on September 22, 2017, he filed a
Notice of Appeal. ECF Nos. 32, 35. On January 18, 2018, the
United States Court of Appeals for the Eighth Circuit entered
its order holding the appeal in abeyance for a “limited
remand” for the purpose of allowing the District Court
to rule on the Motion to Amend. ECF No. 41. The Motion to
Amend was denied on January 23, 2018. ECF No. 42.
appointed Counsel, then filed an Anders brief with
the Eighth Circuit and moved to withdraw pursuant to
Anders v. California, 386 U.S. 738 (1967). GOLDEN
was granted permission to file a pro se supplemental
brief raising any additional issues he wishes the court to
consider. He did so on March 13, 2018. The remainder of the
Eighth Circuit briefing schedule has been held in abeyance
pending that Court's review of the Anders brief
pursuant to Penson v. Ohio, 488 U.S. 75 (1988).
See United States v. Golden, No. 17-3081
(8th Cir.). This appeal is pending.
instant Motion GOLDEN GOLDEN makes three claims for relief:
a. Sessions v. Dimaya, ___U.S.___, 138 S.Ct. 1204
(2018) holds the “residual clause is a standard to
determine length of sentence as well as severity of a
b. His trial counsel promised him a sentence of fifty-seven
(57) months and he was actually sentenced to sixty-six (66)
c. His trial counsel assured him the trial Judge would
“award me my time credit as sentencing.”
ECF No. 43, p. 4.