U.S. v. Capers, CCB-10-0056 (2018)
Court: District Court, D. Maryland
Number: infdco20180412726
Visitors: 26
Filed: Apr. 05, 2018
Latest Update: Apr. 05, 2018
Summary: MEMORANDUM CATHERINE C. BLAKE , District Judge . Edward Capers has filed a motion under 28 U.S.C. 2255 challenging his sentence imposed under the career offender guidelines. The government has filed a response to which Capers has not filed a reply. The ground for the 2255 motion is that Capers is not a career offender, because his prior convictions no longer qualify as career offender "crimes of violence" pursuant to the holding of the Supreme Court in Johnson v. United States, 135
Summary: MEMORANDUM CATHERINE C. BLAKE , District Judge . Edward Capers has filed a motion under 28 U.S.C. 2255 challenging his sentence imposed under the career offender guidelines. The government has filed a response to which Capers has not filed a reply. The ground for the 2255 motion is that Capers is not a career offender, because his prior convictions no longer qualify as career offender "crimes of violence" pursuant to the holding of the Supreme Court in Johnson v. United States, 135 S..
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MEMORANDUM
CATHERINE C. BLAKE, District Judge.
Edward Capers has filed a motion under 28 U.S.C. § 2255 challenging his sentence imposed under the career offender guidelines. The government has filed a response to which Capers has not filed a reply.
The ground for the § 2255 motion is that Capers is not a career offender, because his prior convictions no longer qualify as career offender "crimes of violence" pursuant to the holding of the Supreme Court in Johnson v. United States, 135 S.Ct. 2551 (2015). However, in Beckles v. United States, 137 S.Ct. 886, 895 (2017), the Supreme Court held that the advisory Guidelines are not subject to a vagueness challenge under the Due Process Clause. Johnson does not apply. Thus, Caper's claims must be denied. No certificate of appealability will be issued.
A separate order follows.
Source: Leagle
