United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
W. DARRAH UNITED STATES DISTRICT COURT JUDGE
Michael Ward filed a pro se Motion to Vacate, Set
Aside, or Correct  his sentence pursuant to 28 U.S.C.
§ 2255. For the reasons provided below, his Motion 
6, 2012, Defendant was charged by indictment with wire fraud
in violation of 18 U.S.C. § 1343 (Counts I-III), arising
out of a fraudulent scheme in which he brokered and sold
fraudulent commercial insurance policies to business owners
and property managers. (Crim. Dkt. No. 20.) Defendant entered
a blind plea of guilty to all counts of the indictment on
April 11, 2013. (Crim. Dkt. No. 45.) On February 20, 2014,
Defendant was sentenced to 120 months' imprisonment on
all counts of the indictment, to run concurrently. (Crim.
Dkt. No. 70.) Defendant did not appeal his conviction. On May
1, 2015, Defendant filed a Motion to Vacate, Set Aside, or
Correct his sentence pursuant to 28 U.S.C. § 2255.
raises six claims in his petition, most of which allege
ineffective assistance of counsel. Defendant alleges the
following grounds on which he claims he is being held
1. propose a counteroffer to a plea agreement offered by the
United States Attorney's Office;
2. submit corrections to his Presentence Investigation
Report, specify a requested sentencing range, and provide a
draft sentencing memorandum to Defendant prior to filing it;
3. argue against imposition of a sentencing enhancement for
use of a special skill;
4. argue that Count I of the indictment alleged conduct that
never occurred and thus, contained a factual error; and
5. contest a sentencing enhancement imposed for
Defendant's violation of an existing administrative
6. Sixth Amendment violation - denial of right to counsel -
of - choice.
pro se petition is construed liberally. Ward v.
Jenkins, 613 F.3d 692, 700 (7th Cir. 2010). A prisoner
convicted of a federal crime may move the district court that
imposed the sentence to vacate, set aside, or correct the
sentence. 28 U.S.C. § 2255. A petitioner must show that
“the sentence was imposed in violation of the
Constitution or laws of the United States, or that the court
was without jurisdiction to impose such sentence, or that the
sentence was in excess of the maximum authorized by law, or
is otherwise subject to collateral attack.” 28 U.S.C.
§ 2255(a). Relief is only available in cases where
jurisdictional or constitutional errors have caused a
“complete miscarriage of justice.” Harris v.
U.S., 366 F.3d 593, 594 (7th Cir. 2004) (quoting
Borre v. United States, 940 F.2d 215, 217 (7th Cir.
1991)). This is an ...