ORDER

VIRGINIA M. HERNANDEZ COVINGTON, District Judge.

This matter is before the Court on Jeffrey Herney Realpe's pro se 28 U.S.C. § 2255 Motion to Vacate, Set Aside, or Correct Sentence. (Civ. Doc. # 1; Crim. Doc. # 101). The United States of America responded on October 18, 2019. (Civ. Doc. # 3). Realpe failed to file a reply by the deadline. For the reasons that follow, the Motion is denied.

I. Discussion

Pursuant to a plea agreement (Crim. Doc. # 65), Realpe pled guilty to conspiracy to possess with intent to distribute 500 grams or more of cocaine in violation of 21 U.S.C. §§ 846 and 841(b)(1)(B). (Crim. Doc. ## 61, 87). This Court sentenced Realpe to a 63-month term of imprisonment on March 8, 2019. (Crim. Doc. ## 96, 97). Under U.S.S.G. § 2D1.1(b)(1), Realpe received a two-level enhancement for the possession of a firearm by a coconspirator. (Crim. Doc. # 78 at ¶¶ 14, 20).

In his § 2255 Motion, Realpe argues that he is entitled to post-conviction relief because of the recent United States Supreme Court decision in United States v. Davis, 139 S.Ct. 2319 (2019). (Civ. Doc. # 1 at 4). Specifically, Realpe writes:

(Id.).

This argument fails. Davis held only that the residual clause of the definition of violent felony in 18 U.S.C. § 924(c) was unconstitutionally vague. Davis, 139 S.Ct. at 2336. As the United States points out, this Court "did not apply any provision of 18 U.S.C. § 924(c) to [Realpe] in fashioning a sentence, let alone any residual clause definition of a violent felony." (Civ. Doc. # 3 at 2). Instead, the Court applied a two-level enhancement for the possession of a firearm by a coconspirator, as specified by U.S.S.G. § 2D1.1(b)(1). (Crim. Doc. # 78 at ¶¶ 14, 20). Thus, Davis's holding regarding Section 924(c) has nothing to do with U.S.S.G. § 2D1.1(b)(1), and Realpe's Motion must be denied.

II. Certificate of Appealability and Leave to Appeal In Forma Pauperis Denied

The Court declines to issue a certificate of appealability because Realpe has failed to make a substantial showing of the denial of a constitutional right as required by 28 U.S.C. § 2253(c)(2). Nor will the Court authorize Realpe to proceed on appeal in forma pauperis because such an appeal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3). Realpe shall be required to pay the full amount of the appellate filing fee pursuant to Section 1915(b)(1) and (2).

Accordingly, it is now

ORDERED, ADJUDGED, and DECREED:

Jeffrey Herney Realpe's pro se 28 U.S.C. § 2255 Motion to Vacate, Set Aside, or Correct Sentence. (Civ. Doc. # 1; Crim. Doc. # 101) is DENIED. The Clerk is directed to enter judgment for the United States of America and to close this case.

DONE and ORDERED.