Roberds v. United States, 1:16-CV-150 SNLJ. (2019)
Court: District Court, E.D. Missouri
Number: infdco20190730d12
Visitors: 27
Filed: Jul. 29, 2019
Latest Update: Jul. 29, 2019
Summary: MEMORANDUM and ORDER STEPHEN N. LIMBAUGH, JR. , District Judge . This case is before the Court on Roberds' 28 U.S.C. 2255 petition asking that his 162-month sentence for conspiracy to distribute methamphetamine be set aside (#2). The sole basis for his request is that Johnson v. United States, 135 U.S. 2551 (2015) invalidated the classification of his prior Missouri conviction for unlawful use of a weapon as a crime of violence, and that as a result, he was mistakenly sentenced as a ca
Summary: MEMORANDUM and ORDER STEPHEN N. LIMBAUGH, JR. , District Judge . This case is before the Court on Roberds' 28 U.S.C. 2255 petition asking that his 162-month sentence for conspiracy to distribute methamphetamine be set aside (#2). The sole basis for his request is that Johnson v. United States, 135 U.S. 2551 (2015) invalidated the classification of his prior Missouri conviction for unlawful use of a weapon as a crime of violence, and that as a result, he was mistakenly sentenced as a car..
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MEMORANDUM and ORDER
STEPHEN N. LIMBAUGH, JR., District Judge.
This case is before the Court on Roberds' 28 U.S.C. § 2255 petition asking that his 162-month sentence for conspiracy to distribute methamphetamine be set aside (#2). The sole basis for his request is that Johnson v. United States, 135 U.S. 2551 (2015) invalidated the classification of his prior Missouri conviction for unlawful use of a weapon as a crime of violence, and that as a result, he was mistakenly sentenced as a career offender under United States Sentencing Guidelines § 4B1.1. Since the petition was filed, the Supreme Court handed down Beckles v. United States, 137 S.Ct. 886 (2017), which effectively held that petitioner's unlawful use of a weapon conviction was indeed a crime of violence for sentencing guidelines purposes. Petitioner's counsel concedes the point.
Accordingly the petition is denied.
So ordered.
Source: Leagle
