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USA v. Byers, JKB-04-0510 (2017)

Court: District Court, D. Maryland Number: infdco20171215b43 Visitors: 10
Filed: Dec. 14, 2017
Latest Update: Dec. 14, 2017
Summary: MEMORANDUM JAMES K. BREDAR , Chief District Judge . Pending before the Court is Timothy Tyrone Byers's motion to vacate pursuant to 28 U.S.C. S 2255. (Crim. No. 04-0510, ECF No. 34.) The motion is premised upon the Supreme Court's ruling in Johnson v. United States, 135 S.Ct. 2551 (2015), which held that the residual clause of the Armed Career Criminal Act ("ACCA") was void for vagueness. Id. at 894. Movant asserts an entitlement to relief because the sentencing court determined Mova
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MEMORANDUM

Pending before the Court is Timothy Tyrone Byers's motion to vacate pursuant to 28 U.S.C. S 2255. (Crim. No. 04-0510, ECF No. 34.) The motion is premised upon the Supreme Court's ruling in Johnson v. United States, 135 S.Ct. 2551 (2015), which held that the residual clause of the Armed Career Criminal Act ("ACCA") was void for vagueness. Id. at 894. Movant asserts an entitlement to relief because the sentencing court determined Movant was a career offender under the advisory sentencing guidelines and those guidelines included a career offender provision with wording identical to the ACCA provision struck down in Johnson as unconstitutionally vague. The Supreme Court's more recent decision in Beckles v. United States, 137 S.Ct. 886 (2017), held that the sentencing guidelines may not be challenged as void for vagueness. Id. at 894. Accordingly, the instant motion is without merit and will be denied by separate order.

A certificate of appealability may issue only if the movant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. S 2253(c)(2). See also Slack v. McDaniel, 529 U.S. 473, 484 (2000). In order to satisfy S 2253(c), a movant must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong. Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003) (citing Slack, 529 U.S. at 484). Byers has failed to make such a showing, and the Court declines to issue a certificate of appealability.

Source:  Leagle

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