MOTION to Vacate, set aside or correct sentence under 28 U.S.C. 2255 ( Civil Action… — USA v. Torjagbo (Dkt. 259)

Summary

Carl Delano Torjagbo filed this AO 243 form, a motion under 28 U.S.C. § 2255 to vacate, set aside or correct sentence by a person in federal custody, on 01/27/26 as Document 259 in United States of America v. Torjagbo, Case 1:22-cr-00171-MLB-RDC (N.D. Ga.). The 13-page form's printed questions cover the judgment of conviction, the length of sentence, the plea, any direct appeal, earlier motions and petitions, four grounds for relief with their supporting facts, the attorneys at each stage and the one-year limitation period under 28 U.S.C. § 2255, and the movant's answers are entered by hand. It closes with the printed declaration under penalty of perjury that the motion was placed in the prison mailing system, above the movant's signature.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

AO 243 (Rev. 09/17) 
F"11.W INCl!.ERWSOfffCE 
tJl.§,D.C .• At! nra 
MOTION UNDER 28 U.S.C. § 2255 TO VACA TE, SET ASIDE, OR CORRECT JAN 2 ] 2026 
SENTENCE BY A PERSON IN FEDERAL CUSTODY 
United States District Court 
District 
Name (under which you were convicted): 
Docket or Case No.: 
C<Vl 
0 
Place of Confinement: 
Prisoner No.: 
Ro ut ~ \)'2.'f~i)N 
~ 
\t.-~1 t?i,u 
C...-, P.... 
UNITED STATES OF AMERICA 
Movant (include name under which convicted) 
V. 
u 
MOTION 
1. 
(a) Name and location of court which entered the judgment of conviction you are challenging: 
V n \ ¼..J- S r~s \) \ ~ t-r; L.J\- Cou/t- t-J o ✓ 'tl-\.Q,n, D -. s·t--r, J-
~ ~ ~ e-orCt , Pr 
(b)Criminaldocketorcasenumber(ifyouknow): 
L •, 12 -C,( -
00 \,~\ -
ML-{?; - ~\)C-
2. 
H. 
(a) Date of the judgment of conviction (if you know): _:\
...,,,,,__.\A 
..... \__.._'j
-=\-_.,,_~'----"'~:::.....---=--:)...-=-()-=:l-
'----'S==--------
(b) Date of sentencing: ::) Qy'\ V.. CW' '1 2-b'°"" 
11) 1...,(c 
3. 
Lengthofsentence: 
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5. 
(a) What was your plea? (Check one) 
(l) Not guilty 
(2) Guilty □ 
(3) Nolo contendere (no contest) D 
6. 
(b) If you entered a guilty plea to one count or indictment, and a not guilty plea to another count or indictment, 
what did you plead guilty to and what did you plead not guilty to? 
6. 
If you went to trial, what kind of trial did you have? (Check one) 
Jury 
7. 
Did you testify at a pretrial hearing, trial, or post-trial hearing? 
Yes 
JudgeonlyD 
No□ 
Page 2 of 13 
Case 1:22-cr-00171-MLB-RDC     Document 259     Filed 01/27/26     Page 1 of 13

AO 243 (Rev. 09/17) 
8. 
Did you appeal from the judgment of conviction? 
YesO 
Nol2] 
9. 
If you did appeal, answer the following: 
(a) Name of court: 
(b) Docket or case number (if you know): 
(c) Result: ----------------------------------
(d) Date ofresult (if you know): _________________________ _ 
(e) Citation to the case (if you know): ________________________ _ 
(t) Grounds raised: 
(g) Did you file a petition for certiorari in the United States Supreme Court? 
Yes D 
No 
If"Yes," answer the following: 
(I) Docket or case number (if you know): _____________________ _ 
(2) Result: _____________________________ _ 
(3) Date ofresult (if you know): 
(4) Citation to the case (if you know): 
( 5) Grounds raised: 
10. 
Other than the direct appeals listed above, have you previously filed any other motions, petitions, or applications, 
concerning this judgment of conviction in any court? 
Yes0 
NoO 
11. 
If your answer to Question 10 was "Yes," give the following information: 
(a) (l)Nameofcourt: 
\Jt'\t\::~ ~\-oJ-~ 
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(2) Docket or case number (if you know): 
____,_\ __,__·. ~?...:.>,(,_--=-C..'-\/=--"--=D-~_ \ --=b'-1-'<------------
(3) Date of filing (if you know): ___ q-"--'-\ _.....'j---'\_'.LO
_
.,.__~_,r-
,.__ _____________ _ 
Page 3 of 13 
Case 1:22-cr-00171-MLB-RDC     Document 259     Filed 01/27/26     Page 2 of 13

AO 243 (Rev. 09/17) 
(4) Nature of the proceeding: ------'-b{
_,____,,O'-'M-"'-"..LI ___________________ _ 
(5) Grounds raised: 
'V\O\.-.flrt'tO~ 
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(6) Did you receive a hearing where evidence was given on your motion, petition, or application? 
YesD 
No ~ 
(7) Result: 
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(8) Date of result (if you know): 
(b) If you filed any second motion, petition, or application, give the same information: 
(1) Name of court: \) M ~~ S TTAh.-& \); ~ \-,1 (f' ( l>u,v\-- N c) f ~ -;J \y--; <)- a-\- Y,Q,<JYCp fr 
(2) Docket of case number (if you know): 
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(3) Date of filing (if you know): _ _...,_\,0=-+(_._1 _.....l _.:.u>
c=x..-=~"-----------------
(4) Natureoftheproceeding: --~N- ~~-~--------------------
(5) Grounds raised: 
(6) Did you receive a hearing where evidence was given on your motion, petition, or application? 
YesO 
No 0 
(7) Result: \) ~,{'{\\S~ ~ -
\-o 
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(8) Date of result (if you know): 
( c) Did you appeal to a federal appellate court having jurisdiction over the action taken on your motion, petition, 
or application? 
(I) First petition: 
(2) Second petition: 
YesO 
YesO 
(d) If you did not appeal from the action on any motion, petition, or application, explain briefly why you did not: 
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Page 4 of 13 
Case 1:22-cr-00171-MLB-RDC     Document 259     Filed 01/27/26     Page 3 of 13

AO 243 (Rev. 09/17) 
8. 
Did you appeal from the judgment of conviction? 
9. 
If you did appeal, answer the following: 
(a) Name of court: 
(b) Docket or case number (if you know): 
YesO 
No~ 
(c) Result: --------------------------------
(d) Date ofresult (if you know): _________________________ _ 
(e) Citation to the case (if you know): ________________________ _ 
(f) Grounds raised: 
(g) Did you file a petition for certiorari in the United States Supreme Court? 
Yes D 
If"Yes," answer the following: 
(1) Docket or case number (if you know): _______ _____ _________ _ 
(2) Result: ________________ _____________ _ 
(3) Date of result (if you know): 
(4) Citation to the case (if you know): 
(5) Grounds raised: 
l 0. 
Other than the direct appeals listed above, have you previously filed any other motions, petitions, or applications, 
concerning this judgment of conviction in any court? 
Yesf:Z] 
NoO 
11. 
If your answer to Question 10 was "Yes," give the following information: 
(a) (1) Name ofcourt: 
\.)V\ \\-u ~~ 
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(2) Docket or case number (if you know): 
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\ , )..') -(,.J ·• OS b ·11, 
(3) Date of filing (if you know): 
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Page 3 of 13 
Case 1:22-cr-00171-MLB-RDC     Document 259     Filed 01/27/26     Page 4 of 13

AO 243 (Rev. 09/17) 
12. 
For this motion, state every ground on which you claim that you are being held in violation of the Constitution, 
laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts 
supporting each ground. Any legal arguments must be submitted in a separate memorandum. 
(a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): 
(b) Direct Appeal of Ground One: 
( 1) If you appealed from the judgment of conviction, did you raise this issue? 
YesO 
No!21 
(2) lfyou did not raise this issue in your direct appeal, explain why: 
(c) Post-Conviction Proceedings: 
(1) Did you raise this issue in any post-conviction motion, petition, or application? 
YeslZ] 
NoO 
(2) lfyou answer to Question (c)(l) is "Yes," state: 
Type of motion or petition: ''{'(\J't', '-'Y' \--r, V Q..,uJ-e_ ( () (\ J , ~ 
11V\ 
Name and location of the court where the motion or oetition was filed: 
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Docket or case number (if you know): r l)__l.._- c... 'P 00 \r\ .... f1'\.\.....:Q, - P..D c.. \)oQ4,J: , 4 g 
Date of the court's decision: _
...._\ --"-
O ----+--
{ .....,r'---1_1-
_ C>_ )...!~$:
.__ ________________ _ 
Result (attach a copy of the court's opinion or order, if available): 
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loMPh""~ Wv'""" \_, Lcv\.<t'~w\...e,, ~r. \ \) l~), 
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(3) Did you receive a hearing on your motion, petition, or application? 
YesO 
Nobl] 
Page 5 of 13 
Case 1:22-cr-00171-MLB-RDC     Document 259     Filed 01/27/26     Page 5 of 13

AO 243 (Rev. 09/17) 
(4) Did you appeal from the denial of your motion, petition, or application? 
YesO 
No~ 
(5) If your answer to Question (c)(4) is "Yes," did you raise the issue in the appeal? 
YesO 
NoO 
(6) If your answer to Question (c)(4) is "Yes," state: 
Name and location of the court where the appeal was filed: 
Docket or case number (if you know): 
Date of the court's decision: 
Result (attach a copy of the court's opinion or order, ifavailable): 
(7) If your answer to Question (c)(4) or Question (c)(5) is "No," explain why you did not appeal or raise this 
issue: 
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(a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): 
(b) Direct Appeal of Ground Two: 
( 1) If you appealed from the judgment of conviction, did you raise this issue? 
YesO 
No!Z:J 
Page 6 of 13 
Case 1:22-cr-00171-MLB-RDC     Document 259     Filed 01/27/26     Page 6 of 13

AO 243 (Rev. 09/17) 
(2) If you did not raise this issue in your direct appeal, explain why: 
( c) Post-Conviction Proceedings: 
(1) Did you raise this issue in any post-conviction motion, petition, or application? 
Yes 12] 
NoO 
(2) If you answer to Question (c)(l) is "Yes," state: 
Type of motion or petition: 
(Y\ {) h vb \-,, y uJA )11LJ w o v 1 0h (/V\ 
Name and location of the court where the motion or petition was filed: 
\) •(\\ ~ 
s \-c:,JU 
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Docket or case number (if you know): 
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·{.L Q C,. \) @...a.A:' QJ-1: 0 
Date of the court's decision: _
l"'-'O!,C.....L\ _,]:
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_:::_...::~-=-------------------
Result (attach a copy of the court's opinion or order, if available): ~o &e.-
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Fvv Mr Co Mp\ '6 ~ w ~ G?w cv--
a.ub.- s-~ ~ t D ($) 
(3) Did you receive a hearing on your motion, petition, or application? 
YesO 
No(lj 
(4) Did you appeal from the denial of your motion, petition, or application? 
YesO 
NoQj 
(5) If your answer to Question (cX4) is "Yes," did you raise the issue in the appeal? 
YesD 
NolZ] 
( 6) If your answer to Question ( c )( 4) is "Yes," state: 
Name and location of the court where the appeal was filed: 
Docket or case number (if you know): 
Date of the court's decision: 
Result (attach a copy of the court's opinion or order, ifavailable): 
(7) If your answer to Question ( c )( 4) or Question ( c )( 5) is "No," explain why you did not appeal or raise this 
issue: 
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Page 7 of 13 
Case 1:22-cr-00171-MLB-RDC     Document 259     Filed 01/27/26     Page 7 of 13

AO 243 (Rev. 09/17) 
GROUND THREE: 
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(a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): 
(b) Direct Appeal of Ground Three: 
( 1) If you appealed from the judgment of conviction, did you raise this issue? 
YesO 
No 0 
(2) If you did not raise this issue in your direct appeal, explain why: 
N 
( c) Post-Conviction Proceedings: 
(1) Did you raise this issue in any post-conviction motion, petition, or application? 
YesO 
No (L] 
(2) If you answer to Question (c)(l) is "Yes," state: 
Type of motion or petition: 
Name and location of the court where the motion or petition was filed: 
Docket or case number (if you know): 
Date of the court's decision: 
Result (attach a copy of the court's opinion or order, ifavailable): 
(3) Did you receive a hearing on your motion, petition, or application? 
YesO 
No 0 
(4) Did you appeal from the denial of your motion, petition, or application? 
YesO 
No fZ] 
(5) If your answer to Question (cX4) is "Yes," did you raise the issue in the appeal? 
YesO 
NoO 
Page 8 of 13 
Case 1:22-cr-00171-MLB-RDC     Document 259     Filed 01/27/26     Page 8 of 13

AO 243 (Rev. 09/17) 
(6) If your answer to Question (c)(4) is "Yes," state: 
Name and location of the court where the aooeal was filed: 
Docket or case number (if you know): 
Date of the court's decision: 
Result (attach a copy of the court's opinion or order, ifavailable): 
(7) If your answer to Question (c)(4) or Question (cX5) is "No," explain why you did not appeal or raise this 
issue: 
GROUND FOUR: 
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N / er 
(a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): 
(b) Direct Appeal of Ground Four: 
(1) If you appealed from the judgment of conviction, did you raise this issue? 
YesO 
NoO 
(2) If you did not raise this issue in your direct appeal, explain why: 
(c) Post-Conviction Proceedings: 
(I) Did you raise this issue in any post-conviction motion, petition, or application? 
YesO 
NoO 
(2) If you answer to Question (c)(l) is "Yes," state: 
Page 9 of 13 
Case 1:22-cr-00171-MLB-RDC     Document 259     Filed 01/27/26     Page 9 of 13

AO 243 (Rev. 09/17) 
13. 
Type of motion or petition: 
Name and location of the court where the motion or petition was filed: 
Docket or case number (if you know): 
Date of the court's decision: 
Result (attach a copy of the court's opinion or order, if available): 
(3) Did you receive a hearing on your motion, petition, or application? 
YesO 
NoO 
(4) Did you appeal from the denial of your motion, petition, or application? 
YesO 
NoO 
(5) If your answer to Question (c)(4) is "Yes," did you raise the issue in the appeal? 
YesO 
NoO 
(6) If your answer to Question (c)(4) is "Yes," state: 
Name and location of the court where the appeal was filed: 
Docket or case number (if you know): 
Date of the court's decision: 
Result (attach a copy of the court's opinion or order, if available): 
(7) If your answer to Question (c)(4) or Question (c)(5) is ''No," explain why you did not appeal or raise this 
issue: 
Is there any ground in this motion that you have not previously presented in some federal court? If so, which 
ground or grounds have not been presented, and state your reasons for not presenting them: 
V lO t ex), ,1/"\ ~ ~-th ~ffi.~(1 ~ 
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Page JO of 13 
Case 1:22-cr-00171-MLB-RDC     Document 259     Filed 01/27/26     Page 10 of 13

AO 243 (Rev. 09/17) 
14. 
Do you have any motion, petition, or appeal now pending (filed and not decided yet) in any court for the 
you are challenging? 
Yes D 
No 0 
If"Yes," state the name and location of the court, the docket or case number, the type of proceeding, and the 
issues raised. 
15. 
Give the name and address, if known, of each attorney who represented you in the following stages of the 
judgment you are challenging: 
(a) At the preliminary hearing: 
N\ r. ¼M ckv\ 
~ , l % 
1 
m v: 
s; \v ""' tl w ~ 
(b) At the arraignment and plea: 
{'()y_ ~ 
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«) V. 
\ e.i O ~ F-,',-, \~ Sov. 
(c) At the trial: 
(d) At sentencing: 
(e) On appeal: 
(f) In any post-conviction proceeding: 
(g) On appeal from any ruling against you in a post-conviction proceeding: 
16. 
Were you sentenced on more than one court ofan indictment, or on more than one indictment, in the same court 
and at the same time? 
Yes IZJ 
No D 
17. 
Do you have any future sentence to serve after you complete the sentence for the judgment that you are 
challenging? 
Yes D 
No [Z] 
(a) If so, give name and location of court that imposed the other sentence you will serve in the future: 
(b) Give the date the other sentence was imposed: ----------------------
( c) Give the length of the other sentence: -------------------------
( d) Have you filed, or do you plan to file, any motion, petition, or application that challenges the judgment or 
sentence to be served in the future? 
Yes D 
No D 
Page 11 of 13 
Case 1:22-cr-00171-MLB-RDC     Document 259     Filed 01/27/26     Page 11 of 13

AO 243 (Rev. 09/17) 
18. 
TIMELINESS OF MOTION: If your judgment of conviction became final over one year ago, you must explain 
why the one-year statute of limitations as contained in 28 U.S.C. § 2255 does not bar your motion.* 
N t q-
* The Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") as contained in 28 U.S.C. § 2255, 
paragraph 6, provides in part that: 
A one-year period of limitation shall apply to a motion under this section. The limitation period shall run 
from the latest of -
(I) the date on which the judgment of conviction became final; 
(2) the date on which the impediment to making a motion created by governmental action in violation of 
the Constitution or laws of the United States is removed, if the movant was prevented from making such a 
motion by such governmental action; 
(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has 
been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral 
review; or 
(4) the date on which the facts supporting the claim or claims presented could have been discovered 
through the exercise of due diligence. 
Page 12 of 13 
Case 1:22-cr-00171-MLB-RDC     Document 259     Filed 01/27/26     Page 12 of 13

AO 243 (Rev. 09/17) 
Therefore. movant asks that the Court grant the following relief: Va.,. (,,(,J-e_,, G\).,{ ~ UJ~ 
(}.\- ~ 
~AV• cH~ ~cl- ~Q_v'\K~ 
or any other relief to which movant may be entitled. 
Signature of Attorney (if any) 
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct and that this Motion 
under 28 U.S.C. § 2255 was placed in the prison mailing system on 
\::\0vA MA~ .>urd b9 
Aft--~..; S~ t'l'L~ 
(month, date, ear) 
Executed (signed) on "::J D..K'I \A.(M.":\ 2....1~--\-h U 1-,jp 
(date) 
If the person signing is not movant, state relationship to movant and explain why movant is not signing this motion. 
Page 13 of 13 
Case 1:22-cr-00171-MLB-RDC     Document 259     Filed 01/27/26     Page 13 of 13

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