USA v. Turner

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
CARNEY TURNER,
Defendant.
8:21CR78
ORDER ON
INITIAL REVIEW
This matter is before the Court on defendant Carney Turner’s (“Turner”) pro se
Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in
Federal Custody (Filing No. 310). He primarily argues his appointed counsel provided bad
legal advice regarding his guilty plea and the United States Sentencing Guidelines. 	See
Strickland v. Washington, 466 U.S. 668, 694 (1984) (noting criminal defendants have a
constitutional right to the effective assistance of counsel). He also criticizes what he calls
“[t]he 	unconstitutional 	vague 	nature 	of 	the 	superseding 	indictment 	& 	how 	the
enhancements are similar yet separated to excessively sentence those charged or found
guilty of [18 U.S.C. §§] 1591(a) or 2422(b) crimes” and faults his counsel for failing to
argue that “the complicit nature in which minors can avoid any or all accountability causes
a miscarriage of justice due to the fact that their bad acts or deceit are ignored by Law
Enforcement & the Government in order to pursue convictions.”
Rule 4(b) of the Rules Governing Section 2255 Proceedings for the United States
District Courts requires the Court to complete an initial review of Turner’s motion. Unless
“it plainly appears from the motion, any attached exhibits, and the record of prior
proceedings that the moving party is not entitled to relief,” the Court must order the United
States Attorney to respond to the motion or “take other action the judge may order.” Id.
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Applying that standard to Turner’s motion, the Court finds summary dismissal is
not required in this case. The United States Attorney therefore must answer or otherwise
respond to Turner’s motion on or before November 24, 2025.
IT IS SO ORDERED.
Dated this 24th day of October 2025.
BY THE COURT:
Robert F. Rossiter, Jr.
Chief United States District Judge
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