Gustafson was convicted in Minnesota state court in 2012 of racketeering, terroristic threats, kidnapping, three counts of controlled-substance offenses, two counts of ineligible person in possession of a firearm, and four counts of theft by swindle, and was sentenced to a term of imprisonment of 210 months. (R&R at 1) (citing Gustafson v. State, No. A17-1806, 2018 WL 3520830, at *1 (Minn. Ct. App. July 23, 2018)). The criminal complaint alleged that he committed these crimes with other members of the "Beat-Down Posse," a group of persons allegedly led by Gustafson and his father, Joseph Gustafson, Sr. Minnesota v. Gustafson, No. A12-1293, 2013 WL 4404241 (Minn.