Filed: Mar. 31, 2017
Latest Update: Mar. 31, 2017
Summary: MEMORANDUM OPINION AND ORDER OF DISMISSAL OF MOTION TO CORRECT SENTENCE PURSUANT TO 28 U.S.C. 2255 JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court, under rule 4 of the Rules Governing Section 2255 Proceedings, on (i) the Defendant/Movant's Motion to Vacate, Set Aside or Correct Sentence Under 28 U.S.C. 2255, filed June 22, 2016 (CIV Doc. 5)(" 2255 Motion"); (ii) the Defendant/Movant's Motion to Vacate and Correct Sentence Under 28 U.S.C. 2255, filed May 5, 2
Summary: MEMORANDUM OPINION AND ORDER OF DISMISSAL OF MOTION TO CORRECT SENTENCE PURSUANT TO 28 U.S.C. 2255 JAMES O. BROWNING , District Judge . THIS MATTER comes before the Court, under rule 4 of the Rules Governing Section 2255 Proceedings, on (i) the Defendant/Movant's Motion to Vacate, Set Aside or Correct Sentence Under 28 U.S.C. 2255, filed June 22, 2016 (CIV Doc. 5)(" 2255 Motion"); (ii) the Defendant/Movant's Motion to Vacate and Correct Sentence Under 28 U.S.C. 2255, filed May 5, 20..
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MEMORANDUM OPINION AND ORDER OF DISMISSAL OF MOTION TO CORRECT SENTENCE PURSUANT TO 28 U.S.C. § 2255
JAMES O. BROWNING, District Judge.
THIS MATTER comes before the Court, under rule 4 of the Rules Governing Section 2255 Proceedings, on (i) the Defendant/Movant's Motion to Vacate, Set Aside or Correct Sentence Under 28 U.S.C. § 2255, filed June 22, 2016 (CIV Doc. 5)("§ 2255 Motion"); (ii) the Defendant/Movant's Motion to Vacate and Correct Sentence Under 28 U.S.C. § 2255, filed May 5, 2016 (CR Doc. 58)("Amended Motion"); and (iii) the Defendant/Movant's Supplemental Motion to Vacate, Set Aside or Correct Sentence 28 U.S.C. § 2255, filed July 29, 2016 (CIV Doc. 12)("Suppl. Motion"). In his § 2255 Motion, Defendant/Movant Ernie Martinez alleges that he improperly received an enhanced sentence as a career offender under the United States Sentencing Guidelines, because U.S.S.G. § 4B1.2's residual clause is unconstitutionally vague under the reasoning in Johnson v. United States, 576 U.S. ____, 135 S.Ct. 2551 (2015). In Beckles v. United States, 580 U.S. ____, No. 15-8544, slip op (March 6, 2017), the Supreme Court of the United States of America held that the United States Sentencing Guidelines are not subject to a void-for-vagueness challenge. See 580 U.S. ____, No. 15-8544, slip op at 5. Pursuant to the Court's Order, filed March 13, 2017 (CR Doc. 75), the parties have filed a Statement that the ruling in Beckles is dispositive of all issues raised in Martinez' § 2255 Motion, Amended Motion, and Suppl. Motion, and that the Court should dismiss his § 2255 with prejudice. See Proposed Joint Statement, filed March 22, 2017 (CR Doc. 76). Martinez is not entitled to relief, and the Court will dismiss his § 2255 Motion, Amended Motion, and Suppl. Motion under rule 4.
IT IS ORDERED that: (i) the Defendant/Movant's Motion to Vacate, Set Aside or Correct Sentence Under 28 U.S.C. § 2255, filed June 22, 2016 (CIV Doc. 5); (ii) the Defendant/Movant's Motion to Vacate and Correct Sentence Under 28 U.S.C. § 2255, filed May 5, 2016 (CR Doc. 58); and (iii) the Defendant/Movant's Supplemental Motion to Vacate, Set Aside or Correct Sentence 28 U.S.C. § 2255, filed July 29, 2016 (CIV Doc. 12), are dismissed with prejudice under rule 4 of the Rules Governing Section 2255 Proceedings.