United States District Court, W.D. Wisconsin
OPINION & ORDER
D. PETERSON, DISTRICT JUDGE.
petitioner Karl Kreier is a federal prisoner incarcerated at
the Federal Correctional Institution in Terre Haute, Indiana.
In 2015, he pleaded guilty to obstruction of interstate
commerce by robbery under 18 U.S.C. § 1951 and armed
bank robbery under 18 U.S.C. §§ 2113(a) and (d). I
sentenced him to 205 months in prison. United States v.
Kreier, No. 14-cr-110-jdp-2, Dkt. 64, at 3 (W.D. Wis.
May 22, 2015).
moves for resentencing under 28 U.S.C. § 2255, arguing
that he is not a career offender under the United States
Sentencing Guidelines § 4B1.1 because his offenses of
conviction under §§ 1951 and 2113(a) and (d) are
not crimes of violence. Dkt. 1. After reviewing his motion
under Rule 4 of the Rules Governing Section 2255 Proceedings
for the United States District Courts, I will deny
October 2014, Kreier was arrested for an armed bank robbery.
The government accused him of, among other things,
brandishing a gun during an armed bank robbery and acting as
a getaway driver.
pleaded guilty to the following charges:
Counts 1, 3, 5, 6, 8: obstruction of
interstate commerce by robbery under 18 U.S.C. § 1951;
Count 10: armed bank robbery under 18 U.S.C.
§ 2113(a) and (d); and
Count 11: use of a firearm during a crime of
violence under 18 U.S.C. § 924(c).
Kreier, No. 14-cr-110-jdp-2, Dkt. 62, at 4. I
sentenced him in May 2015.
concluded that Kreier was a career offender under the Career
Offender Guideline, USSG § 4B1.1. Under § 4B1.1, at
the time of Kreier's sentencing, a criminal defendant was
a career offender if he satisfied three conditions:
(1) the defendant was at least eighteen years old at the time
the defendant committed the instant offense of conviction;
(2) the instant offense of conviction is a felony that is
either a crime of violence or a controlled substance offense;
(3) the defendant has at least two prior felony convictions
of either a crime of violence or a controlled ...