United States District Court, W.D. Virginia, Danville Division
Jackson L. Kiser Senior United States District Judge
William Corey Jamison, a federal inmate, filed a motion to
vacate, set aside, or correct sentence pursuant to 28 U.S.C.
§ 2255, challenging his 200-month sentence following a
guilty plea. Jamison asserts that he no longer qualifies as
an armed career criminal under the Armed Career Criminal Act
("ACCA") because his predicate Virginia statutory
burglary convictions no longer support such a designation.
The government filed a motion to dismiss, and Jamison
responded, making this matter ripe for disposition. I
conclude that Jamison's petition is untimely, and I grant
the government's motion to dismiss.
24, 2012, Jamison was charged in an eight-count Indictment
with: (1) knowingly and intentionally distributing a mixture
and substance containing a detectable amount of marijuana, in
violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(D)
("Count One"); knowingly and intentionally
distributing a mixture and substance containing a detectable
amount of cocaine base, in violation of 21 U.S.C.
§§ 841(a)(1) and (b)(1)(C) ("Counts Two,
Three, Four and Seven"); and being a felon in possession
of a firearm, in violation of 18 U.S.C. §§ 922(g)
and 924(e) ("Counts Five, Six and Eight").
pleaded guilty, pursuant to a written Plea Agreement, to
Counts Two and Five of the Indictment in exchange for the
dismissal of the remaining charges. The Plea Agreement
stated, in accordance with the ACCA, that "if the Court
determines I have at least three prior convictions for
serious drug offenses and/or violent felonies I will face a
mandatory minimum sentence of imprisonment for a term of
fifteen years and a maximum sentence of imprisonment for
life, pursuant to 18 U.S.C. § 924(e)."
Presentence Investigation Report ("PSR") was
created prior to sentencing. It recommended that Jamison be
designated an armed career criminal based on three prior
Virginia statutory burglary convictions on February 13, 2002.
(PSR ¶ 23, 29, ECF No. 63.) Because of this designation,
he had a total offense level of 31 and a criminal history
category of VI, resulting in a sentencing range of 188 to 235
months' incarceration. (Id. ¶ 55.) Without
the armed career criminal enhancement, Jamison would have had
a base offense level of 17, a criminal history score of V,
resulting in a sentencing range of 46 to 57 months.
sentencing hearing, defense counsel argued that Jamison's
Virginia statutory burglary predicates did not support an
armed career criminal designation because they involved the
burglary of "detached sheds, " which counsel argued
were not buildings or structures, and so these convictions
did not qualify as "generic burglaries" under the
ACCA. (Sent. Hr'g Iran, at 2-5, ECF No. 41.) I did not
agree with defense counsel's argument, and although
noting that the burglaries might be considered crimes of
violence under the residual clause of the ACCA, I ultimately
concluded that Jamison's convictions for breaking and
entering sheds qualified as generic burglaries under the
ACCA. (Id. at 13.) I sentenced Jamison to 200
months' imprisonment and he did not appeal.
§ 2255 motion, Jamison alleges that following the
Supreme Court's ruling in Johnson v. United
States. 135 S.Ct. 2551 (2015), his Virginia statutory
burglary convictions can no longer support his enhanced
sentence under the ACCA. The court appointed the Federal
Public Defender's Office to represent Jamison and it has
provided supplemental briefing.
state a viable claim for relief under § 2255, a
petitioner must prove: (1) that his sentence was
"imposed in violation of the Constitution or laws of the
United States;" (2) that "the court was without
jurisdiction to impose such a sentence;" or (3) that
"the sentence was in excess of the maximum authorized by
law, or is otherwise subject to collateral attack." 28
U.S.C. § 2255. Jamison bears the burden of proving
grounds for a collateral attack by a preponderance of the
evidence. Miller v. United States, 261 F.2d 546, 547
(4th Cir. 1958).
§ 2255 petition must adhere to strict statute of
limitations requirements before any of the substantive issues
may be addressed. A person convicted of a federal offense
must file a § 2255 motion within one year of the latest
date on which:
(1) the judgment of conviction becomes final;
(2) the impediment to making a motion created by governmental
action in violation of the Constitution or laws of the United
States is removed, if the movant was prevented from ...