United States v. Karl Keller

Karl Keller, a federal prisoner, appeals pro se the district court’s denial of his motion under 28 U.S.C. § 2255 challenging his sentence and his plea. Keller contends that in setting his parole date, the government breached the plea agreement; that the presentence report contained erroneous information; and that his plea is invalid because he received ineffective assistance of counsel. We affirm.

I

Keller confessed to participation in seven armed bank robberies and one attempted robbery. Keller’s attorney, Foster, negotiated an agreement whereby Keller would plea guilty to one count of armed bank robbery and the government would not charge Keller on the other counts. Foster told Keller that he would serve 24-36 months in prison for the one robbery, based on a severity score of 5, but would face 52-80 months, a severity score of 7, for all the counts. Keller was given half a day to consider the agreement and accepted it. The plea agreement provided, in pertinent part:

Plea Agreement at 3-4 (emphasis added). When he entered his plea of guilty, Keller acknowledged to the district court that he understood the terms of this agreement.

At sentencing, Keller’s new attorney,…