Alexander v. USA

Filing 11

ORDER entered by Judge Nanette Laughrey. Willie M. Alexander's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence [Doc. # 1] is DENIED. (Kanies, Renea)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
WILLIE M. ALEXANDER,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Civil Case No. 4:10-cv-01207-NKL
Crim. Case No. 4:09-cr-00226-NKL-1

ORDER
Before the Court is Willie M. Alexander’s Motion under 28 U.S.C. § 2255 to
Vacate, Set Aside, or Correct Sentence [Doc. # 1]. For the following reasons, the Court
DENIES the motion.
On March 1, 1999, an indictment issued charging Alexander with armed robbery
and use of a firearm in relation to a crime of violence. On April 8, 1999, Alexander
entered pleas of guilty to the indictment as charged. On July 23, 1999, Alexander was
sentenced to a term of incarceration of 70 months on the armed robbery count, and a
consecutive term of 30 months on the firearm count. After his incarceration, he was
placed on supervised release.
On December 8, 2006, Alexander was sentenced to 34 months of imprisonment
and 36 months of supervised release for escaping a halfway house while serving his
sentence for the armed robbery and firearm convictions. His escape consisted of
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informing the halfway house staff that he was turning himself in to the United States
Marshal Service and leaving the building on May 15, 2006. He was not seen again until
his arrest on May 26, 2006. [Doc. # 25, Case No. 4:06-cr-00161-RP-RAW, S.D. Iowa].
On June 25, 2009, the United States filed its motion to revoke supervised release
as a result of a rape committed by Alexander. On December 4, 2009, Alexander admitted
to this Grade A violation. The Court revoked his supervised release and ordered him
imprisoned for a total sentence of seven years: 36 months in relation to the armed robbery
count, a consecutive term of 24 months in relation to the firearm count, and a consecutive
term of 24 months in relation to the escape conviction.
Alexander states that after revoking his supervised release, this Court improperly
sentenced him to 24 months’ imprisonment for his escape conviction in the Southern
District of Iowa. According to Alexander, he had been initially sentenced in Iowa as a
career offender because his escape was considered violent under Eighth Circuit law [Doc.
# 1, at 4]; however, his escape is not now considered “violent” according to Chambers v.
United States, 555 U.S. 122 (2009). Using this line of reasoning, Alexander argues that
this Court’s revocation of his supervised release and consequent sentencing was premised
on an inappropriate sentence issued by the district court in the Southern District of Iowa.
This is the only argument presented by Alexander in his motion.
Alexander appears to urge the Court that had he been sentenced in Iowa as a noncareer offender, he would have been sentenced to only 12-18 months of imprisonment,
based on an adjusted offense level of 7 and a criminal history category of V. [Doc. # 7, at

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3]. It appears that Alexander argues that due to the reduced sentence he should have
received, he should not have been re-sentenced by this Court to 24 months of
imprisonment.
Even if Alexander’s calculations are accurate and applicable, he would have
remained subject to 24-36 months of supervised release following 12-18 months of
imprisonment. See U.S.S.G. § 5D1.2(a)(2). Thus, even if Alexander were entitled to a
shorter term of imprisonment, he would have still been on supervised release for his
escape conviction when he violated the terms of that release in 2009. According to 18
U.S.C. § 3583(e)(3), the Court may revoke Alexander’s term of supervised release and
require Alexander to serve up to 2 years in prison. Id. (no more than 2 years in prison for
a class D felony). Indeed, the recommended term of imprisonment upon revocation for a
Grade A violation and a criminal history category of V is 30-37 months. See U.S.S.G. §
7B1.4(a). The Court did not err in sentencing Alexander to 24 months’ imprisonment for
violating the terms of his supervised release for his escape conviction.
Accordingly, it is hereby
ORDERED that Willie M. Alexander’s Motion under 28 U.S.C. § 2255 to Vacate,
Set Aside, or Correct Sentence [Doc. # 1] is DENIED.
s/ Nanette K. Laughrey
NANETTE K. LAUGHREY
United States District Judge
Dated: May 12, 2011
Kansas City, Missouri

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