Beck v. United States

• Decision Date: 07 October 2020
• Docket Number: No. 1:20-CV-67 SNLJ,1:20-CV-67 SNLJ
• Parties: LONNIE BECK, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
• Court: U.S. District Court — Eastern District of Missouri

LONNIE BECK, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

No. 1:20-CV-67 SNLJ

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION

October 7, 2020

MEMORANDUM AND ORDER

This matter is before the Court on a motion under 28 U.S.C. § 2255 to vacate, set aside or correct sentence by Lonnie Beck, a person in federal custody. On November 27, 2018, Beck pled guilty before this Court to the offense of Felon in Possession of a Firearm (Count I), Possession with Intent to Distribute Methamphetamine (Count 2) and Possession of a Firearm in Relation to a Drug Trafficking Crime (Count 3). On March 19, 2019, this Court sentenced Beck to the Bureau of Prisons for a term of 18 months on Count I and II, and 60 months on Count III, to run consecutive for an aggregate term of 78 months imprisonment. Beck's § 2255 motion is fully briefed and ripe for disposition.

I. FACTS

A. INDICTMENT

On July 10, 2018, Lonnie L. Beck (Beck) was charged by Indictment in the Eastern District of Missouri in Count I with being convicted felon in possession of a firearm, in Count II with possession with intent to distribute methamphetamine in violation of Title 21, United States Code, Section 841(a)(1), and in Count III with possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. Section 924(c)(1)(A), and punishable under 18 U.S.C. § 924(c)(1)(A)(i). (DCD 1)

B. PLEA AGREEMENT AND GUILTY PLEA

On November 27, 2018, Beck executed a plea agreement, pursuant to Federal Rule of Criminal Procedure 11(c)(1)(A), wherein he agreed to plead guilty to all three counts charged in the Indictment. Moreover, the United States agreed that no further federal prosecution would be brought in this District relative to the defendant's possession of a firearm and methamphetamine on May 29, 2018, of which the Government was aware at that time. (Doc. 31, Plea Ag., pp. 1-2)

In the Plea Agreement, the parties agreed that as to Count I, Felon in Possession of a Firearm, the base offense level was found in Section 2K2.1 and depended on the nature of the firearm, the defendant's criminal history and other factors therein. As to Count II, Possession with Intent to Distribute Methamphetamine, the parties agreed that the base offense level was 24, as found in Section 2D1.1(c)(8). The parties agreed that the quantity of mixture or substance containing methamphetamine for which the defendant was accountable, including relevant conduct, was more than fifty grams, but less than 200 grams. As to Count III, the minimum term of imprisonment of five years imposed for Count III shall run consecutively to the terms of imprisonment imposed for Counts I and II. (Doc. 31, Plea Ag., pp. 7-8)

In the Plea Agreement, Beck agreed that the facts in his case were as follows:

On May 29, 2018, Detective Schamburg of the Perry County Sheriff's Office stopped at a residence in Perryville, Missouri, because he observed Kyle Green, for whom there were outstanding warrants for arrest, standing outside the shop located at the rear of the property. Upon arrival, Detective Schamburg placed Green into custody. Detective Klaus, Deputy Crites, Deputy Gross, and Deputy Johnson arrived to assist. Deputy Crites indicated she had receivedinformation about Beck possessing a chrome revolver.

Defendant Beck consented to Detective Klaus patting him down. While patting Beck down, Detective Klaus noticed a small bulge in Beck's left pants pocket, which was a small plastic baggy containing methamphetamine. Beck was then placed under arrest and advised of his rights pursuant to a standard Miranda card. While speaking with Detective Klaus, Beck admitted that the methamphetamine belonged to him.

Defendant Beck granted consent to Deputy Crites to search his nearby BMW vehicle. While searching the vehicle, Deputy Crites located a small blue container, which contained marijuana, attached to the keys in the ignition.

Shaun and Donna Steele gave their consent to Detective Schamburg to search their residence and shop. During the search of the shop, Detective Schamburg located a backpack. Defendant Beck admitted that the backpack belonged to him and informed Detective Schamburg that there was a chrome revolver in it. Detective Schamburg was aware that Beck was a convicted felon and asked him if he was prohibited from owning a firearm. Beck indicated that he knew he was not supposed to have a gun. Detective Schamburg then asked Beck for consent to search the backpack, which Beck granted.

A search revealed that the backpack contained three plastic baggies of marijuana, approximately five grams of methamphetamine, a glass methamphetamine pipe, brass knuckles, and a chrome revolver, which was in a "zipper vault" for which Beck provided the combination. The revolver, a Rossi .357 Magnum, SN: HU937491, was loaded with six rounds and was seized. Assorted cash bills amounting to $1480 were also found in the "zipper vault." Beck admitted to previously being convicted of a felony crime and admitted that the methamphetamine belonged to him.

A small safe was located in the shop which Lonnie Beck also admitted owning. Beck provided the key to the safe, which contained a small amount of hash oil, some prescription pills, and various items of drug paraphernalia as well as a number of rounds of .380 ACP pistol ammunition. The items seized were photographed while processing the evidence at the Sheriff's Department. Beck was arrested and transported to the Perry County Jail.

Detective Schamburg and ATF Special Agent Tom Hess interviewed Beck at the Sherriff's Department after advising him of his Miranda rights. Beck indicated that he understood his rights and agreed to speak with the officers. Beck stated that he had obtained the gun from a man in Cape Girardeau a few years earlier, and had traded a different gun for it. Beck admitted to being involved in buying methamphetamine in Cape Girardeau andselling it in Perry County. Beck indicated that he had gotten involved in it again after a divorce. Beck also indicated that he possessed a .380 automatic pistol, which he had "put up" someplace for safe keeping.

The controlled substances seized from Beck were analyzed by the MSHP Crime Laboratory in Cape Girardeau. Item 3.1 A-B was two plastic bags, with crystal, weighing a total of 6.24 grams containing methamphetamine. The bag in Beck's backpack contained 5.67 grams of methamphetamine.

The Rossi model 462, .357 Magnum revolver, serial number HU937491, was manufactured in the country of Brazil. The firearm, therefore, traveled in and affected interstate and foreign commerce prior to its discovery in Missouri.

As charged in Count I of the Indictment, on May 29, 2018, in Perry County, within the Eastern District of Missouri, defendant Beck possessed a firearm, a Rossi, Model 462, .357 Magnum revolver, which had been manufactured in the country of Brazil and had previously traveled in interstate and foreign commerce. Prior to May 29, 2018, defendant Beck had been convicted of crimes punishable by imprisonment for a term exceeding one year, including:

1) On January 29, 1993, in the Circuit Court of Perry County, Missouri, in Case Number CR491-159FX, for Class C Felony of Burglary in the Second Degree and the Class C Felony of Stealing; and

2) On February 3, 1993, in the Circuit Court of Perry County, Missouri, in Case Number CR892-2222FX, for Class C Felony of Burglary in the Second Degree.

As charged in Count II of the Indictment, also on or about May 29, 2018, in Perry County, Missouri, defendant Easton knowingly and intentionally possessed with intent to distribute methamphetamine, a controlled substance; and, as charged in Count III, defendant Beck, during and in relation the drug trafficking crime charged in Count II, for which he may be prosecuted in a Court of the United States, he knowingly possessed in furtherance thereof, a Rossi, Model 462, .357 Magnum revolver.

(Plea Ag., pp. 3-6)

On November 27, 2018, Beck appeared with his attorney and pled guilty to Counts I, II and III of the Indictment, charging him in Count I with being convicted felon in possession of a firearm, in Count II with possession with intent to distribute methamphetamine in violation ofTitle 21, United States Code, Section 841(a)(1), and in Count III with possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. Section 924(c)(1)(A), and punishable under 18 U.S.C. § 924(c)(1)(A)(i). (PSR, ¶ 1, DCD 30, 49)¹

Relative to Chapter 3 Adjustments, it was also agreed that Beck should receive three levels for acceptance of responsibility pursuant to Section 3E1.1 (a) and (b). (Plea Ag., p. 8)

During his change of plea hearing, when asked if he was satisfied with the way his lawyer had handled his case, Beck replied "Yes, sir." (Plea Tr., p. 4) Beck acknowledged to the Court that his lawyer had investigated the case to his satisfaction. When asked if his attorney had done everything he had asked him to do, Beck responded, "Yes, sir." (Plea Tr., p. 4) When asked if he had any "gripes or complaints whatsoever," Beck responded, "No, sir." (Plea Tr., p. 6) In the Plea Agreement, Beck represented that he was satisfied with the representation he had received from his lawyer.

The defendant is fully satisfied with the representation received from defense counsel. The defendant has reviewed the Government's evidence and discussed the Government's case and all possible defenses and defense witnesses with defense counsel. Defense counsel has completely and satisfactorily explored all areas which the defendant has requested relative to the Government's case and any defenses.

(Plea Ag., p. 13)

Pursuant to the Agreement, Beck also agreed to "waive all rights to appeal all non-jurisdictional, non-sentencing issues, including, but not limited to, any issues relating to pretrialmotions, discovery, the guilty plea, the constitutionality of the statutes to which defendant is pleading guilty, and whether defendant's...