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.

Carmona v. United States

United States District Court, D. New Hampshire

July 21, 2016

Carlos Rodriguez Carmona
v.
United States of America Opinion No. 2016 DNH 123

          ORDER

          Landya McCafferty United States District Judge

         Carlos Rodriguez Carmona, proceeding pro se, seeks habeas corpus relief, pursuant to 28 U.S.C. § 2255, from his sentence for distribution of a controlled substance, possession with intent to distribute a controlled substance, and possession of a firearm by a convicted felon. See United States v. Carmona, 14-cr-128-LM (D.N.H. Feb. 19, 2015). Carmona alleges that his sentence was improperly enhanced under a provision of the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924. He argues that under Johnson v. United States, ___ U.S. ___, 135 S.Ct. 2551 (2015), his sentence is invalid.

         Standard of Review

         A prisoner in custody under a sentence of a federal district court may seek release "on the ground that the sentence was imposed in violation of the Constitution or the laws of the United States." § 2255(a). The court will cause notice of a petition under § 2255 "to be served upon the United States attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law" unless "the files and records of the case conclusively show that the prisoner is entitled to no relief." § 2255(b). Sworn allegations in the petition are taken as true "unless those allegations are merely conclusory, contradicted by the record, or inherently incredible." Owens v. United States, 483 F.3d 48, 57 (1st Cir. 2007) (internal quotation marks omitted).

         Background

         In United States v. Carmona, 14-cr-128-LM ("Criminal Case"), Carmona pleaded guilty to three counts of distribution of a controlled substance in violation of 21 U.S.C. § 841(a)(1) (Counts I-III), one count of possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841(a)(1) (Count IV), and one count of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1) (Count V). He was sentenced to 180 months imprisonment on each count, to be served concurrently, and to be followed by five years of supervised release.

         Carmona's base offense levels for Counts I-IV were calculated pursuant to U.S.S.G. § 2D1.1(c)(5). The court then increased Carmona's base offense level for counts I-IV by two levels pursuant to U.S.S.G. § 2D1.1(b)(1) because Carmona possessed a dangerous weapon. Carmona's sentence on Counts I-IV was not subject to enhancement because of his designation as an armed career criminal.

         Carmona was, however, sentenced as an armed career criminal pursuant to U.S.S.G. § 4B1.4 on Count V. Pursuant to U.S.S.G. § 4B1.4, "[a] defendant who is subject to an enhanced sentence under the provisions of 18 U.S.C. § 924(e) is an armed career criminal." Carmona was subject to an enhanced sentence under § 924(e) because of his three prior convictions for serious drug offenses. The Presentence Investigation Report ("PSR") identified those three convictions as:

1. A conviction in Middlesex County Superior Court for "Possession of a Controlled Substance with Intent to Distribute, " Criminal Case, doc. no. 21 at ¶ 71;
2. A conviction in Rockingham County Superior Court for four counts of "Sale of a Controlled Drug, " Criminal Case, doc. no. 21 at ¶ 65; and
3. A conviction in Essex County Superior Court for "Possession of a Controlled Substance with Intent to Distribute, " Criminal Case, doc. no. 21 at ¶ 57.

         As a result of his designation as an armed career criminal, the court determined that his offense level was 37, but reduced his total offense level to 34 for acceptance of responsibility. Carmona was not sentenced under the ACCA, § 924(e).

         Discussion

         The ACCA § 924(e)(1) imposes a minimum sentence of fifteen years "[i]n the case of a person who violates section 922(g) of this title and has three previous convictions . . . for a violent felony or a serious drug offense, or ...


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.