United States District Court, D. Nebraska
MEMORANDUM AND ORDER
Richard G. Kopf Senior United States District Judge.
J. Lloyd filed a timely Motion to Vacate under 28 U.S.C.
§ 2255. After initial review, I deny the
motion and dismiss it with prejudice. He claims his trial
lawyer was ineffective, but the record plainly shows
following facts recited in the presentence report (filing no.
61 at CM/ECF p. 5 & ¶¶ 11-13), and for
which there was no objection, describe the overwhelming
evidence against Lloyd.
January 21, 2015, a confidential informant working with the
Lincoln, Nebraska police department introduced Investigator
Hoffman (Investigator) to Bryn Huffman for the purpose of
buying methamphetamine from her. Huffman had told the
confidential informant that ‘Dirty' gave her
¼ lb of methamphetamine and Huffman was to sell it for
January 21, 2015 and February 25, 2015, a total of 5
controlled buys were made from Bryn Huffman. Huffman
indicated that her source of methamphetamine was her
boyfriend ‘Dirty, 'who was positively identified as
Daniel Lloyd through his Nebraska state identification photo.
February 25, 2015, an investigator contacted Bryn Huffman to
purchase 1/8 ounce of methamphetamine. Huffman told
Investigator to meet her at Daniel Lloyd's apartment,
1227 G Street, #3, in Lincoln.
this transaction, Bryn Huffman sat in the front passenger
seat of Investigator's vehicle, with Lloyd standing right
outside the vehicle. Bryn Huffman told Investigator to hand
the money directly to Lloyd. Lloyd was also instructing
Huffman to charge a higher price for the methamphetamine and
Huffman had to consult with Lloyd when asked if the price
would stay that high or if it was temporary. When
Investigator asked Huffman if there would be a price break
for ¼ ounce, Huffman looked at Lloyd who said ¼
ounce would be $465.
that controlled purchase on February 25, investigators served
search warrants on Daniel Lloyd's residence as well as
Bryn Huffman's residence. During a search of Lloyd's
apartment, investigators found six baggies containing
methamphetamine with an approximate total weight of 90.8
grams. The largest bag, containing a net weight of 82.54
grams, was found by the Nebraska State Patrol Crime Lab to
contain more than 95% pure methamphetamine.
Sentencing and Appeal
charge was that Lloyd knowingly and intentionally combined,
conspired, confederated and agreed with other persons to
distribute 50 grams or more of methamphetamine, its salts,
isomers, and salts of its isomers, a Schedule II controlled
substance, in violation of Title 21, United States Code
Section 841(a)(1), all in violation of Title 21, United
States Code Section 846. He therefore faced a minimum of 10
years and a maximum of life in prison.
sensibly agreed to plead guilty. At the Rule 11 hearing,
Lloyd confessed under oath to essentially all of the facts
described above. (Filing no. 32 at CM/ECF pp.
16-19.) He specifically admitted that more than
50 grams of actual methamphetamine was involved. Id.
at CM/ECF p. 18.
counsel objected to the presentence investigation report and
moved for a variance. The objection related to whether Lloyd
was a career offender and whether he should receive a role
enhancement. The government conceded the objections. (Filing
no. 63.) I decided not to vary upward or downward
after sustaining the defense objection.
received a reduction of three points for acceptance of
responsibility (filing no. 61 at CM/ECF p. 8 &
¶¶ 38-39). With a criminal history category of VI
and a total offense level of 29 (filing no. 63), I
sentenced Lloyd to 188 months in ...