United States District Court, N.D. West Virginia, Wheeling
REPORT AND RECOMMENDATION
P. MAZZONE UNITED STATES MAGISTRATE JUDGE.
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
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
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.
STANDARD OF REVIEW
Review of Petitions for Relief
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 ...