ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

JUDITH C. HERRERA, District Judge.

This matter comes before the Court on Petitioner's Motion to Vacate under 28 U.S.C. § 2255. Doc. 1.1 Petitioner seeks to have his conviction and sentence set aside pursuant to the Supreme Court's decisions in Sessions v. Dimaya, 138 S.Ct. 1204 (2018), and Johnson v. United States, 135 S.Ct. 2551 (2015). See generally doc. 1. The United States argues that Dimaya and Johnson do not impact Petitioner's conviction because his conviction is valid under 924(c)'s elements clause, Petitioner's motion is untimely under 28 U.S.C § 2255(f), and Petitioner waived his right to collaterally attack his sentence. See generally doc. 5.

The Magistrate Judge filed his Proposed Findings and Recommended Disposition (PFRD) on January 24, 2019. Doc. 6. He recommended denying Petitioner's motion, finding that the Dimaya and Johnson opinions do not affect his conviction because the predicate crime underpinning Petitioner's 924(c) conviction, assault with a dangerous weapon, qualifies as a 924(c) crime of violence under the elements clause definition, and therefore remains a valid predicate. See doc. 6 at 4-5. Petitioner's objections to the PFRD were due February 21, 2019. He has filed none. Furthermore, upon review of the record, I concur with the Magistrate Judge's findings and recommendations.

Wherefore, IT IS HEREBY ORDERED that the Magistrate Judge's Proposed Findings and Recommended Disposition (doc. 6) is ADOPTED, and Petitioner's Motion to Vacate, Set Aside or Correct Sentence (doc. 1) is DENIED.