Daniel Eugene Keller v. United States

I. INTRODUCTION AND FACTUAL BACKGROUND

In July 2015, in the criminal case United States v. Keller, CR-15-366-RGK, Daniel Eugene Keller (“Petitioner” or “Appellant”) entered into a written plea agreement as to one count of possession with intent to distribute methamphetamine, and one count of being a felon in possession of a firearm. In that plea agreement, Petitioner agreed to a sentence of 173 months imprisonment and eight years supervised release. Petitioner also agreed to waive his rights to appeal. On February 1, 2016, the Court sentenced Petitioner to 173 months imprisonment. In May 2016, because Petitioner had provided useful information to the government, the government recommended a sentence reduction by 30 months to 143 months imprisonment. Petitioner argued that his sentence should be reduced even further, to 120 months imprisonment. On June 28, 2016, the Court resentenced Petitioner to 137 months imprisonment. On August 7, 2017, Petitioner filed a motion to vacate, set aside, or correct sentence by a person in federal custody pursuant to 28 U.S.C § 2255, which this Court denied on March 5, 2018. (Min. Order, 2:17-cv-05820, ECF No. 30.) The Court found that…