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Steele v. Huggins

United States District Court, N.D. West Virginia, Wheeling

October 17, 2019

ANTONIO STEELE, Petitioner,
v.
R. HUGGINS Respondent.

          Stamp Judge.

          REPORT AND RECOMMENDATION

          JAMES P. MAZZONE UNITED STATES MAGISTRATE JUDGE.

         I. INTRODUCTION

         On August 16, 2019, Antonio Steele, acting pro se, filed a Petition for Habeas Corpus Pursuant to 28 U.S.C. § 2241 [ECF No. 1] (the “Petition”). Petitioner is a federal inmate housed at FCI Gilmer and is challenging the validity of his conviction from the Southern District of Ohio. The matter is currently pending before the undersigned for a Report and Recommendation pursuant to LR PL P 2. For the reasons set forth below, the undersigned recommends that the petition be dismissed for lack of jurisdiction.

         II. BACKGROUND[1]

         On December 21, 2016, Petitioner was charged in a one count Indictment with Possession by a Prohibited Person in violation of 18 U.S.C. § 922(g)(1), 924(a)(2), and (2). ECF No. 1. On May 8, 2017, Petitioner entered into a written plea agreement by which he agreed to plead guilty to the indictment. As set forth in the plea agreement, the elements of the offense to which Petitioner agreed to plead guilty were as follows:

(Count 1) (Possession by a Prohibited Person)
a) That the defendant has been convicted of a crime punishable by imprisonment for more than one year;
b) That the defendant, following his conviction, knowingly possessed the firearm and ammunition specified in the indictment; and
c) That the specified firearm and ammunition crossed a state line prior to the alleged possession.

ECF No. 17 at p.1. The plea hearing was conducted on May 8, 2018 by Judge Susan J. Dlott, who accepted the plea. The sentencing hearing was conducted on October 31, 2017. Judgment was entered on November 16, 2017 which committed Petitioner to the custody of the Federal Bureau of Prison to be imprisoned for a total term of 60 months to be followed by a three year term of supervised released. ECF No. 31. Petitioner did not file a direct appeal or a motion to vacate pursuant to 28 U.S.C. § 2255. According to the BOP inmate locator, Petitioner's projected release date is March 22, 2021.

         III. STANDARD OF REVIEW

         A. Review of Petitions for Relief

         Pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and this Court's local rules, the undersigned is authorized to review such petitions for relief and submit findings and recommendations to the District Court. This Court is charged with screening the Petitioner's case to determine if “it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Rule 4, Rules Governing Section 2254 Cases in the U.S. District Courts (2014); see also Rule 1(b) Rules Governing Section ...


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