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Miller v. United States

United States District Court, S.D. Florida

June 20, 2018

KENTRELL J. MILLER, Movant,
v.
UNITED STATES OF AMERICA, Respondent.

          Katherine Carmon Federal Public Defender's Office

          Cary Oren Aronovitz United States Attorney's Office Southern District of Florida

          Ilham A. Hosseini U.S. Attorney's Office

          REPORT OF MAGISTRATE JUDGE

          P.A. WHITE MAGISTRATE JUDGE.

         I. INTRODUCTION

         Movant 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. 06-20386-Cr-Moreno.

         This 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 Courts.

         The court has reviewed the operative § 2255 motion (Cv-DE#1), as well as the relevant records from this case and the underlying criminal case.[1] As discussed below, the motion should be denied.

         II. BACKGROUND

         On June 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) .[2]

         A PSI was prepared in connection with sentencing. According to the PSI, movant has the following relevant prior state convictions:

         - A 1998 conviction for resisting an officer with violence. PSI ¶ 25.

         - A 2000 conviction for resisting an officer with violence. PSI ¶ 30.

         - A 1999 conviction for aggravated assault on a police ...


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