Lamount Devault v. United States

I. INTRODUCTION

On May 9, 2022, Lamont Devault (“Petitioner”) filed the present Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (“Motion”). In his Motion, Petitioner contests his sentence based on ineffective assistance of counsel. For the following reasons, the Court denies Petitioner’s motion.

II. FACTUAL BACKGROUND

On February 6, 2020, after Petitioner rejected a plea offer, a jury convicted him on all three counts of the Indictment: (1) conspiracy to distribute methamphetamine and other controlled substances; (2) possession with intent to distribute methamphetamine; and (3) possession with intent to distribute heroin. The conviction arose from Petitioner’s involvement with the procurement and distribution of illegal drugs within the Centinela State Prison, where Petitioner was an inmate. At sentencing, the Court found Petitioner had a Total Offense Level 34 and a Criminal History Category of II, resulting in the guidelines range of 188-235 months. The Court sentenced Petitioner to 188 months in prison, to run concurrently, with the sentence to run consecutively to Petitioner’s state sentence. By way of the current motion, Petitioner…