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Kreier v. United States

United States District Court, W.D. Wisconsin

August 31, 2017

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

          OPINION & ORDER

          JAMES D. PETERSON, DISTRICT JUDGE.

         Pro se 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).

         Kreier 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 Kreier's motion.

         BACKGROUND

         In 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.

         Kreier 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.

         I 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; and
(3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled ...

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