Filed: Nov. 08, 2017
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-4427 _ Troy Cramer lllllllllllllllllllllPetitioner - Appellant v. United States of America lllllllllllllllllllllRespondent - Appellee _ Appeal from United States District Court for the District of Nebraska - Lincoln _ Submitted: November 1, 2017 Filed: November 8, 2017 [Unpublished] _ Before WOLLMAN, GRUENDER, and BENTON, Circuit Judges. _ PER CURIAM. Troy Cramer appeals the district court’s1 denial of his 28 U.S.C. § 2255 motion cha
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-4427 _ Troy Cramer lllllllllllllllllllllPetitioner - Appellant v. United States of America lllllllllllllllllllllRespondent - Appellee _ Appeal from United States District Court for the District of Nebraska - Lincoln _ Submitted: November 1, 2017 Filed: November 8, 2017 [Unpublished] _ Before WOLLMAN, GRUENDER, and BENTON, Circuit Judges. _ PER CURIAM. Troy Cramer appeals the district court’s1 denial of his 28 U.S.C. § 2255 motion chal..
More
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-4427
___________________________
Troy Cramer
lllllllllllllllllllllPetitioner - Appellant
v.
United States of America
lllllllllllllllllllllRespondent - Appellee
____________
Appeal from United States District Court
for the District of Nebraska - Lincoln
____________
Submitted: November 1, 2017
Filed: November 8, 2017
[Unpublished]
____________
Before WOLLMAN, GRUENDER, and BENTON, Circuit Judges.
____________
PER CURIAM.
Troy Cramer appeals the district court’s1 denial of his 28 U.S.C. § 2255 motion
challenging a sentence imposed when he pled guilty to conspiracy to distribute
1
The Honorable John M. Gerrard, United States District Judge for the District
of Nebraska.
methamphetamine. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.
Cramer was sentenced as a career offender to 262 months in prison. On appeal
he claims his sentence violates due process because he no longer qualifies as a career
offender after Johnson v. United States,
135 S. Ct. 2551 (2015). Johnson invalidated
as vague the residual clause of the Armed Career Criminal Act.
Id. at 2557. Cramer
argues that the vagueness invalidation applies to an identically worded former
provision in the Sentencing Guidelines, which was applied in his case. Cramer is not
entitled to relief under section 2255 because the advisory Guidelines are not subject
to a void-for-vagueness challenge. See Beckles v. United States,
137 S. Ct. 886, 895
(2017).
The judgment is affirmed. Counsel’s motion to withdraw is granted.
______________________________
-2-