United States District Court, N.D. Georgia, Gainesville Division
WALTER XAVIER FLOWERS, BOP Reg. # 70094-019, Movant,
UNITED STATES, Respondent.
TO VACATE 28 U.S.C. § 2255
MAGISTRATE JUDGE'S FINAL REPORT AND
Clay Fuller United States Magistrate Judge.
a federal prisoner, has filed a 28 U.S.C. § 2255 motion
to vacate the consecutive 60-month sentence he received on
September 21, 2017, after the entry of his guilty plea in
this Court, for violating 18 U.S.C. § 924(c) by
possessing a firearm during a drug trafficking crime. (Doc.
407; see Doc. 393). Movant does not challenge his
16-month sentence for the drug trafficking crime itself,
conspiracy to possess with intent to distribute
methamphetamine. (Doc. 407).
government provides the following factual background, gleaned
from Movant's Pre-Sentence Report (“PSR”), to
which Movant did not object:
On February 11, 2016, MANS [Multi Agency Narcotics Squad]
agents received information from an informant that defendant
would be at a certain location to sell methamphetamine and
that he would be driving a particular vehicle. (PSR ¶
34). Agents responded to the location and observed
defendant's vehicle arrive. (Id.). They walked
up to the car and saw a bag of methamphetamine sitting on the
seat. (Id.). Defendant was arrested and his vehicle
was searched. (PSR ¶¶ 34-35). In the vehicle the
agents located 1.3 ounces of methamphetamine in a plastic bag
on the seat, four ounces of methamphetamine in a tupperware
container under the driver's seat, a Glock 19, 9 mm
caliber handgun, and a Glock 21, 45 caliber handgun.
Defendant admitted possessing the drugs and firearms in his
vehicle. (PSR ¶ 37).
Defendant also admitted that he had more methamphetamine at
his house. (Id.). Defendant gave consent to search
his residence. (Id.). During the search the agents
found about nine ounces of methamphetamine in a bowl in the
kitchen, about seven ounces of methamphetamine in another
location, an Iver Johnson, .32 caliber pistol, a Stevens
Model 200, .270 caliber rifle with scope, a Hi-Point Firearms
Model 995, 9 mm rifle, and a Savage Arms, 12 gauge shotgun.
(PSR ¶¶ 37-38).
Defendant admitted that he had been involved in a conspiracy
to possess with intent to distribute and to distribute
methamphetamine with others named in the superseding
indictment. (PSR ¶¶ 40-41).
(Doc. 417 at 2-3 (footnote omitted)).
plea hearing, Movant acknowledged the following:
1. he understood the rights he was waiving by pleading guilty
(Doc. 424 at 6-8);
2. neither any promise, other than those contained in his
plea agreement, nor any threat had induced Movant to plead
guilty (id. at 13);
3. he understood what the government would have to prove to
convict him of the charges against him, including that to
convict him of the firearm charge the government “would
have to establish that the defendant committed the drug
trafficking crime . . .; secondly, that during the commission
of the offense the defendant used or carried or possessed a
firearm; and third, the defendant used the firearm in
relation to, or possessed it in furtherance of the drug
trafficking crime” (id. at 14);
4. the government's recitation of the facts underlying
Movant's charges, as set forth in the PSR and summarized
above, were accurate (id. at 15-18);
5. he had committed the crimes charged against him, which
included his admission “that [he] had the
methamphetamine . . . [and] the gun[s, which he possessed] in
connection with the ...