U.S. v. Stevens, CR 107-030. (2016)
Court: District Court, S.D. Georgia
Number: infdco20160531e30
Visitors: 2
Filed: May 27, 2016
Latest Update: May 27, 2016
Summary: ORDER DUDLEY H. BOWEN , District Judge . On May 23, 2016, Defendant filed a "Motion for Post Conviction Relief" in this criminal matter, challenging his designation as an Armed Career Criminal under 18 U.S.C. 924(e) pursuant to the recent decision of Johnson v. United States , 135 S.Ct. 2551 (2015). Defendant's present motion is an attack on the legality of his conviction and sentence. The proper vehicle through which to attack the legality of a conviction or sentence is a motion to v
Summary: ORDER DUDLEY H. BOWEN , District Judge . On May 23, 2016, Defendant filed a "Motion for Post Conviction Relief" in this criminal matter, challenging his designation as an Armed Career Criminal under 18 U.S.C. 924(e) pursuant to the recent decision of Johnson v. United States , 135 S.Ct. 2551 (2015). Defendant's present motion is an attack on the legality of his conviction and sentence. The proper vehicle through which to attack the legality of a conviction or sentence is a motion to va..
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ORDER
DUDLEY H. BOWEN, District Judge.
On May 23, 2016, Defendant filed a "Motion for Post Conviction Relief" in this criminal matter, challenging his designation as an Armed Career Criminal under 18 U.S.C. § 924(e) pursuant to the recent decision of Johnson v. United States, 135 S.Ct. 2551 (2015).
Defendant's present motion is an attack on the legality of his conviction and sentence. The proper vehicle through which to attack the legality of a conviction or sentence is a motion to vacate, set aside or correct sentence under 28 U.S.C. § 2255. As it happens, Defendant has already filed a § 2255 motion in this Court, in which he challenges his designation as an Armed Career Criminal under Johnson, and it remains pending. (See Stevens v. Unites States, CV 115-175 (S.D. Ga. Oct. 29, 2015.) Accordingly, the Clerk is DIRECTED to TERMINATE Defendant's motion for post-conviction relief. (Doc. No. 50.)
ORDER ENTERED.
Source: Leagle
