Ferguson v. United States

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION DANNY FERGUSON, Petitioner 5:21-cv-5043 vs. MEMORANDUM AND ORDER UNITED STATES OF AMERICA, Respondent Pending before the Court is Petitioner’s motion pursuant to

28 U.S.C. § 2255

(Doc. 1). The Government has moved to dismiss (Doc. 18, 19). I. Background Petitioner was convicted by a jury of arson,

18 U.S.C. §§ 81

and 1153. He was sentenced to time served and a period of supervised release. The situation giving rise to the conviction occurred on April 8, 2015, when a neighbor of Petitioner’s smelled smoke at her trailer. She…