Walker

United States v. Walker

Good Law
214 F. Supp. 3d 866·2016 WL 5921257·2016 U.S. Dist. LEXIS 146417
United States District Court, Northern District of CaliforniaOctober 5, 2016No. CR 12-0430 CWCalifornia4,298 words

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…

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