United States District Court, D. Oregon, Medford Division
OPINION & ORDER
AIKEN United States District Judge
matter comes before the Court on Defendant Wilson Lee
Clow's Motion to Vacate or Correct Sentence pursuant to
28 U.S.C. § 2255. ECF No. 163. For the reasons set forth
below, Defendant's motion is DENIED. Because the motion
and record conclusively show that Defendant is entitled to no
relief, no evidentiary hearing is required. The Court
declines to issue a certificate of appealability.
and his wife were the owners and operators of 2nd Amendment
Guns, LLC, which was a gun dealer and FFL in Grants Pass,
Oregon. In 2012, Clow's business was investigated by the
Bureau of Alcohol, Tobacco, Firearms and Explosives
("ATF"). In the course of that investigation, ATF
sent a confidential informant, who was a convicted felon, to
purchase guns from Clow. The confidential informant told Clow
that he was a felon and unable to legally purchase firearms.
addition to the confidential informant, an undercover ATF
agent was sent to purchase guns from Clow, posing as a
relative of the confidential informant. The agent told Clow
that he was buying the firearms for someone else as a straw
sold firearms to both the confidential informant and the
undercover ATF agent; assisted them in fraudulently filling
out the background check forms; and made false statements in
the A&D Book. The ATF captured the unlawful sales, along
with incriminating statements made by Clow, on both audio and
August 2012, law enforcement obtained and executed a federal
search warrant for both Clow's business and his
residence, which was located on the same property. During the
search, Clow was advised of his Miranda rights and
agreed to be interviewed by law enforcement. During the
interview, Clow confessed and admitted that he had sold
firearms to an individual he knew to be a felon.
December 12, 2012, Clow was federally indicted for selling
firearms to a prohibited person and making false statements
on the ATF forms and the R&D Book. ECF No. 1. Attorney
Shaun McCrea was appointed to represent Clow.
January 11, 2016, Clow moved to suppress his confession and
other statements made to law enforcement during the execution
of the search warrant. ECF No. 47, Following a hearing, the
Court denied the motion to suppress, finding that the
statements were voluntary and admissible, ECF Nos. 53, 56.
trial was held in Medford on June 27, 28, and 29, 2016,
during which Clow testified in his own defense. Clow argued
that he had been entrapped by the ATF. Clow also argued that
he had been aware that the confidential informant was working
for the ATF and that he had sold the firearms to the
informant and the agent in an effort to expose the ATF and
engage them in a conversation about what Clow believed to be
29, 2016, Clow was convicted of three counts of Selling a
Firearm to a Prohibited Person in violation of 18 U.S.C.
§ 922(d) and two counts of False Statement During Sale
of Firearm in violation of 18 U.S.C. § 924(a)(1)(A). On
May 18, 2017, Clow received a below-Guidelines sentence of
twenty-four months in prison with three years of supervised
release. ECF Nos. 150, 157. Clow's sentence was affirmed
on direct appeal. United States v. Clow, 722
Fed.Appx. 720 (9th Cir. 2018).
28 U.S.C. § 2255, a federal prisoner in custody under
sentence may move the court that imposed the sentence to
vacate, set aside, or correct the sentence on the ground
[T]he 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 ...