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.

United States v. Armstrong

United States District Court, D. Montana, Billings Division

October 11, 2017

UNITED STATES OF AMERICA, Plaintiff/Respondent,
v.
ROBERT FARRELL ARMSTRONG, Defendant/Movant.

          ORDER

          Susan P. Watters United States District Judge.

         This case comes before the Court on Defendant/Movant Armstrong's motion to vacate, set aside, or correct his sentence, pursuant to 28 U.S.C. § 2255. Armstrong is a federal prisoner proceeding pro se.

         On November 16, 2015, Armstrong was given an opportunity to clarify or supplement his allegations. He responded on December 7, 2015. Counsel Colin Stephens was appointed to represent him on April 5, 2016. Armstrong filed an amended motion on August 15, 2016. On an unopposed motion, the United States was authorized to depose trial counsel, Chief Federal Defender Anthony Gallagher. On November 1, 2016, the United States filed its answer to the § 2255 motion. Armstrong was permitted to file a reply, see Order (Doc. 267) at 2 ¶ 2, but he did not do so.

         Armstrong makes three claims for relief:

1. Counsel was ineffective because he did not obtain evidence showing that Armstrong was in jail for seven months from February 17, 2012, and so failed to support his objection to Armstrong's criminal history calculation.
2. Counsel was ineffective because he failed to call witnesses whose testimony might have reduced Armstrong's culpability and resulting advisory guideline range.
3. Counsel was ineffective in advising Armstrong of the consequences of pleading guilty or going to trial and the sentence he would receive.

         Am. § 2255 Mot. (Doc. 266) at 28.

         I. Background

         On September 20, 2013, a grand jury charged Armstrong with the following offenses:

Count 1 conspiring to distribute and possess with intent to distribute at least 500 grams of a substance containing methamphetamine or at least 50 grams of pure methamphetamine, a violation of 21 U.S.C. §§ 846 and 841(a)(1);
Count 2 possessing with intent to distribute at least 500 grams of a substance containing methamphetamine or at least 50 grams of pure methamphetamine, a violation of 21 U.S.C. § 841(a)(1);
Count 3 distributing a substance containing a detectable amount of methamphetamine, a violation of 21 U.S.C. § 841(a)(1);
Count 5 distributing a substance containing at least five grams of pure methamphetamine, a violation of 21 ...

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.