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United States v. Lloyd

United States District Court, D. Nebraska

April 2, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
DANIEL J. LLOYD, Defendant.

          MEMORANDUM AND ORDER

          Richard G. Kopf Senior United States District Judge.

         Daniel J. Lloyd filed a timely Motion to Vacate under 28 U.S.C. § 2255. After initial review[1], I deny the motion and dismiss it with prejudice. He claims his trial lawyer was ineffective, but the record plainly shows otherwise.

         Factual Background

         The 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.

         On 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 him.

         Between 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.

         On 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.

         During 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.

         After 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.[2]

         Charge, Sentencing and Appeal

         The 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.

         Lloyd 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.[3]) He specifically admitted that more than 50 grams of actual methamphetamine was involved. Id. at CM/ECF p. 18.

         Lloyd's 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.

         Lloyd 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 ...


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