Preview:

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHWESTERN DIVISION JOHN STEVEN GREEN, Petitioner, vs. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) )

Case No. 11-5040-CV-SW-RED Crim No. 08-5028-01-CR-SW-RED

ORDER Before the Court is Petitioner John Steven Green's ("Green") Motion Pursuant to Section 2255 of Title 28 (Doc. 1). For the following reasons, the Court DENIES Petitioner's Motion. BACKGROUND Green pled guilty on October 19, 2010 to Count One of the Superseding Indictment for attempting to sexually exploit a minor. The factual basis of the plea agreement states that Green began communicating online with an individual purporting to be a 13 year old female named "Candy." "Candy" was not a minor, but was actually Detective Ed Bailey ("Bailey"), who worked for the Jasper County Sheriff's Department as a member of the computer crimes task force. Green expressed to "Candy" that he wanted to meet her, have sex with her and film this encounter. Eventually Green and "Candy" agreed to meet at a motel in Carthage, Missouri. When Green arrived at the motel, he was arrested. Green admitted to the police officers that he had traveled to Carthage to have sexual intercourse with a 13 year old female and that he intended to record the encounter with a webcam that he had brought with him. Green was found with two webcams in his possession, the other webcam Green intended to give to "Candy" so that she could "expose herself and masturbate for him" after Green returned to Columbia. (Plea

Agreement Doc. 73 p. 2). After Green's guilty plea, he was sentenced to a term of imprisonment of 220 months, followed by supervised release for a term of life. Green did not appeal his sentence and conviction. Now Green moves to collaterally challenge his criminal sentence pursuant to his Motion filed under 18 U.S.C.

Download 17938.pdf

Missouri Law