Kreier v. USA

Filing 5

ORDER denying as moot 4 Motion for Appointment of Counsel. Signed by District Judge James D. Peterson on 6/22/2016. (kwf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

KARL KREIER,
Petitioner,
v.
UNITED STATES OF AMERICA,

ORDER
16-cv-430-jdp

Respondent.
Petitioner Karl Kreier has filed a motion to vacate his sentence pursuant to 28 U.S.C.
§ 2255, in light of Johnson v. United States, 135 S. Ct. 2551 (2015). Dkt. 1. Petitioner has also
filed a motion for appointment of counsel, Dkt. 4, and he has asked that the court assist him
in obtaining records of his prior convictions in his related criminal case, United States v. Kreier,
No. 14-cr-110 (W.D. Wis., filed Oct. 29, 2014). Dkt. 71.
As stated in the Johnson notice petitioner should have received shortly after he filed his
petition, the Federal Defender is currently evaluating petitioner’s § 2255 petition and will
determine whether his case is appropriate for representation as soon as possible. If the
Federal Defender decides to represent petitioner, counsel can obtain the records of his prior
convictions for him. But given the volume of Johnson petitions that the Federal Defender is
currently reviewing, petitioner may not receive an answer right away.
At this point, the court will alert petitioner and the Federal Defender that petitioner’s
§ 2255 petition does not raise a straightforward Johnson issue because he was not sentenced
under the Armed Career Criminal Act, 18 U.S.C. § 924(e). But, in the court’s opinion, it may
be beneficial for the Federal Defender to represent petitioner to ensure that the impact of
Johnson on petitioner’s sentence, if any, is fully considered. The petition also prompts the

court to consider whether his Wisconsin conviction for robbery with use of force would
qualify as a “crime of violence” under the Career Offender Guideline, U.S.S.G. § 4B1.1.

ORDER
IT IS ORDERED that petitioner Karl Kreier’s motion for appointment of counsel,
Dkt. 4, is DENIED as moot.
Entered June 22, 2016.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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