1Upon entry of a guilty plea, the petitioner was convicted of conspiracy to manufacture
methamphetamine in violation of 21 U.S.C. § 841 and possession of a firearm in furtherance of a drug
trafficking offense in violation of 18 U.S.C. § 924(c)(1). See Petition for Writ of Habeas Corpus at 5.
2Presley received a sentence of 34 months on the possession conviction and the mandatory 60-month
consecutive sentence for the firearm conviction.
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
CIVIL ACTION NO. 2:05-CV-259-A
ALBERTO R. GONZALEZ, et al. ,
RECOMMENDATION OF THE MAGISTRATE JUDGE
Michael Presley, an inmate confined at the Maxwell Federal Prison Camp, initiated
this case as a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. In this
petition, Presley challenges convictions entered against him by the United States District
Court for the Eastern District of Tennessee on July 20, 2000.1 The petitioner was sentenced
to ninety-four (94) months imprisonment on these convictions.2
In the instant petition, Presley asserts that he is actually innocent of the firearm
possession charge because he was not convicted of the underlying drug trafficking offense
and argues that counsel was therefore ineffective for allowing him to enter a guilty plea to
such charge. Additionally, the petitioner argues that he “is being denied the benefit of early
Case 2:05-cv-00259-WHA-WC Document 2 Filed 03/23/2005 Page 1 of 6
Presley v. Gonzalez et al (INMATE1)
3“A 1-year period of limitation shall apply to a motion under this section.” 28 U.S.C. § 2255 ¶6.
“Before a second or successive [28 U.S.C. § 2255 motion] . . . is filed in the district court, the applicant shall
move in the appropriate court of appeals for an order authorizing the district court to consider the
application.” 28 U.S.C. § 2244(b)(3)(A).
release pursuant to 18 U.S.C. §