Johnny Mitchell Drug Dealer

Full title: United States of America v. John Mitchell

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT

Date published: Sep 18, 2014

Facts

On May 23, 2014, Defendant John Mitchell, proceeding pro se, filed a “First Amendment Petition” seeking to vacate and amend the sentence imposed upon him in this case. (Doc. 90.) Mitchell’s sentence was imposed on June 16, 2003, following his plea of guilty to four counts charging Mitchell with the commission of bank robbery, brandishing a firearm during the commission of a bank robbery, interstate transportation of a stolen vehicle, and interstate transportation of stolen firearms. (See Doc. 80.) In his § 2255 Motion, Mitchell asserts that his sentence is constitutionally defective under Alleyne v. United States133 S. Ct. 2151 (2013), because, according to Mitchell, facts resulting in an enhancement of his sentence were not admitted by him or presented to a jury. For relief, Mitchell seeks to have his sentence vacated and to be resentenced. (Doc. 90 at 2.) 

The government opposes Mitchell’s § 2255 Motion, arguing that it is time-barred, procedurally defaulted, and without merit. (Doc. 95.) Mitchell has not filed any reply.

Issue

Decision

For the reasons set forth above, I recommend that Mitchell’s § 2255 Motion (Doc. 90) be DENIED.

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