United States District Court, S.D. Florida
KENTRELL J. MILLER, Movant,
UNITED STATES OF AMERICA, Respondent.
Katherine Carmon Federal Public Defender's Office
Oren Aronovitz United States Attorney's Office Southern
District of Florida
A. Hosseini U.S. Attorney's Office
REPORT OF MAGISTRATE JUDGE
WHITE MAGISTRATE JUDGE.
has filed a pro se motion to vacate under 28 U.S.C.
§ 2255, which attacks the constitutionality of his
conviction and sentence in case no.
case has been referred to the undersigned for consideration
and report pursuant to 28 U.S.C. § 636(b)(1)(B)-(C);
S.D. Fla. Local Rule 1(f) governing Magistrate Judges; S.D.
Fla. Admin. Order 2003-19; and Rules 8 and 10 Governing
Section 2255 Proceedings for the United States District
court has reviewed the operative § 2255 motion
(Cv-DE#1), as well as the relevant records from this case and
the underlying criminal case. As discussed below, the motion
should be denied.
23, 2006, a federal grand jury indicted movant for one count
of being a felon in possession of ammunition, in violation of
18 U.S.C. §§ 922(g)(1) and 924(e)(1). Cr-DE#1-1. A
jury found movant guilty. United States v. Miller,
262 Fed.Appx. 226, 229 (11th Cir. 2008) .
was prepared in connection with sentencing. According to the
PSI, movant has the following relevant prior state
1998 conviction for resisting an officer with violence. PSI
2000 conviction for resisting an officer with violence. PSI
1999 conviction for aggravated assault on a police ...