USA v. Williams

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
UNITED STATES OF AMERICA,
Plaintiff,
v.
RAMONE LASHAWN WILLIAMS,
Defendant.
Case No. 25-cr-240 (LMP/DTS)
ORDER ADOPTING
REPORT AND
RECOMMENDATION
Evan Gilead and Mary Riverso, United States Attorney’s Office, Minneapolis, MN, for
the United States of America.
Paul D. Sellers, Minnesota Legal Defense, Eagan, MN, for Defendant.
Defendant Ramone Lashawn Williams is charged with felon in possession of a
firearm after being convicted of three or more violent felonies, in violation of 18 U.S.C.
§§ 922(g)(1), 924(e). See ECF No. 1. Williams moved to dismiss the indictment insofar
as it alleges that he is subject to the Armed Career Criminal Act (“ACCA”), which provides
for stronger penalties than a mere felon-in-possession charge. 	ECF Nos. 34, 35. 	On
February 4, 2026, United States Magistrate Judge David T. Schultz issued a Report and
Recommendation (“R&R”) recommending denial of Williams’s motion. 	ECF No. 40.
Magistrate Judge Schultz concluded that the proper time to challenge an ACCA designation
is at sentencing, not through a pretrial motion to dismiss. Id. at 1.
Neither party timely objected to the R&R, see Fed. R. Civ. P. 72(b)(2), so the Court
reviews the R&R for clear error, Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per
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curiam). Finding no clear error, the Court adopts the R&R and denies Williams’s motion
without prejudice to challenging his ACCA designation at sentencing.
ORDER
Based on the foregoing, and on all the files, records, and proceedings in this matter,
IT IS HEREBY ORDERED that:
1. 	The R&R (ECF No. 40) is ADOPTED in full; and
2. 	Williams’s Motions to Dismiss or in the Alternative to Strike the ACCA
Allegation (ECF Nos. 34, 35) are DENIED WITHOUT PREJUDICE.
Dated: March 6, 2026 	s/Laura M. Provinzino
Laura M. Provinzino
United States District Judge
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