Filed: Apr. 11, 2018
Latest Update: Apr. 11, 2018
Summary: ORDER JAMES C. DEVER, III , Chief District Judge . On May 21, 2013, Tobias Van Cooley, Jr. ("Cooley") pleaded guilty, pursuant to a plea agreement, to possession of a firearm by a convicted felon in violation of 18 U.S.C. 922(g) and 924(a) [D.E. 32, 33]. On October 1, 2013, the court sentenced Cooley to 114 months' imprisonment [D.E. 39, 40, 50]. On January 3, 2014, Cooley filed a notice of appeal [D.E. 43]. On September 2, 2014, the United States Court of Appeals for the Fourth Circuit d
Summary: ORDER JAMES C. DEVER, III , Chief District Judge . On May 21, 2013, Tobias Van Cooley, Jr. ("Cooley") pleaded guilty, pursuant to a plea agreement, to possession of a firearm by a convicted felon in violation of 18 U.S.C. 922(g) and 924(a) [D.E. 32, 33]. On October 1, 2013, the court sentenced Cooley to 114 months' imprisonment [D.E. 39, 40, 50]. On January 3, 2014, Cooley filed a notice of appeal [D.E. 43]. On September 2, 2014, the United States Court of Appeals for the Fourth Circuit di..
More
ORDER
JAMES C. DEVER, III, Chief District Judge.
On May 21, 2013, Tobias Van Cooley, Jr. ("Cooley") pleaded guilty, pursuant to a plea agreement, to possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g) and 924(a) [D.E. 32, 33]. On October 1, 2013, the court sentenced Cooley to 114 months' imprisonment [D.E. 39, 40, 50]. On January 3, 2014, Cooley filed a notice of appeal [D.E. 43]. On September 2, 2014, the United States Court of Appeals for the Fourth Circuit dismissed Cooley's appeal as untimely [D.E. 53].
On April 13, 2015, Cooley filed a motion to vacate under 28 U.S.C. § 2255 [D.E. 57]. On October 21, 2015, the government moved to dismiss and filed a memorandum in support [D.E. 68, 69]. On February 29, 2016, the court dismissed Cooley's section 2255 motion [D.E. 74]. On June 23, 2016, the Fourth Circuit authorized Cooley to file a second motion under section 2255 [D.E. 84]. On June 24, 2016, Cooley filed a second section 2255 motion [D.E. 85]. Cooley alleges that he is not a career offender due to Johnson v. United States, 135 S.Ct. 2551 (2015) [D.E. 85].
On November 22, 2016, the government filed a motion to stay [D.E. 90]. On December 14, 2016, the court stayed this action pending the Supreme Court's decision in Beckles v. United States. See [D.E. 91]. On March 6, 2017, the Supreme Court decided Beckles. Beckles v. United States, 137 S.Ct. 886 (2017). In Beckles, the Court held that the advisory "Guidelines are not subject to a vagueness challenge under the Due Process Clause. The residual clause in§ 4B 1.2(a)(2) therefore is not void for vagueness." Id. at 892. On June 26, 2017, the government moved to lift the stay [D.E. 93], responded in opposition to Cooley's motions, and argued that Beckles defeats Cooley's claim. See [D.E. 94] 2-3.
Cooley did not receive the career offender sentencing enhancement. See PSR [D.E. 37] ¶¶ 24-25, 51-61. In any event, even if he did, Beckles defeats Cooley's claim that Johnson invalidates his status as a career offender. See, e.g. Beckles, 137 S. Ct. at 892; United States v. Mack, 855 F.3d 581, 584-85 (4th Cir. 2017); United States v. Lee, 855 F.3d 244, 246-47 (4th Cir. 2017).
In sum, the court GRANTS the government's motion to lift stay [D.E. 93], DISMISSES Cooley's second motion to vacate [D.E. 85], and DENIES a certificate of appealability. See 28 U.S.C. § 2253(c); Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000).
SO ORDERED.
