Walker
United States v. Walker
Opinion
Lead Opinion
Wilken, J.
ORDER GRANTING § 2255 MOTION
Movant Tommy Lee Walker, represented by counsel, moves under 28 U.S.C. § 2255 to vacate, set aside or correct his sentence. Respondent has filed an opposition to the motion and Movant has filed a reply. Having considered all of the papers filed by the parties and the record in this case, the Court will GRANT the motion.
BACKGROUND
A. Procedural Background
On October 25, 2012, Movant plead guilty, without a plea agreement, to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Applying United States Sentencing Guideline (USSG) § 2K2.1(a)(2), the Presentenee Report (PSR) indicated that Movant’s base offense level was 24, because Movant had two prior convictions for crimes of violence: one conviction for robbery in violation of California Penal Code section 211 and one conviction for fleeing or attempting to elude a police officer, in violation of Oregon Revised Statutes section 811.540. Section 2K2.1(a)(2) relies on the Career Offender Guideline, USSG § 4B1.2, for the definition of crime of violence. The PSR applied a three-level downward adjustment for acceptance of responsibility, for a total offense level…