United States District Court, E.D. Virginia, Richmond Division
Hannah Lauck, United States District Judge
a federal inmate proceeding pro se, submitted this
motion under 28 U.S.C. § 2255 to vacate, set aside, or
correct his sentence ("§ 2255 Motion, " ECF
No. 52). The Government has responded. For the reasons that
follow the § 2255 Motion will be DENIED on the grounds
Claim One is barred by the statute of limitations and Claim
Two lacks merit.
pled guilty to possession of a firearm by a convicted felon.
(Plea Agreement ¶ 1, ECF No. 27.) On October 16, 2009,
the Court entered judgment and sentenced Petitioner to ten
years of imprisonment. (J. 2, ECF No. 41.) Petitioner did not
February 21, 2016, Petitioner executed his § 2255 Motion
and presumably mailed the same to the Court. (§ 2255
Mot. 7.) The Court deems the § 2255 Motion
filed as of that date. See Houston v. Lack, 487 U.S.
266, 276 (1988).
§ 2255 Motion, Petitioner contends that he is entitled
to relief because:
Claim One "The sentencing court received and relied on
false, erroneous PSR/PSI information as to criminal history,
causing defendant to be harshly and wrongly sentenced."
(§ 2255 Mot. 4.)
Claim Two "The Supreme Court's 'vagueness
doctrine' of the Johnson decisions are of effect
in this case as due to issues involving Defendant's
designation as an Armed Career Criminal." (Id.
A. Claim Two Lacks Merit
Johnson v. United States, the Supreme Court
described the impact of the Armed Career Criminal Act
("ACCA") on federal gun laws and noted that:
Federal law forbids certain people-such as convicted felons,
persons committed to mental institutions, and drug users-to
ship, possess, and receive firearms. § 922(g). In
general, the law punishes violation[s] of this ban by up to
10 years' imprisonment. § 924(a)(2). But if the
violator has three or more earlier convictions for a
"serious drug offense" or a "violent felony,
" the [ACCA] increases his prison term to a minimum of
15 years and a maximum of life. § 924(e)(1).
135 S.Ct. 2551, 2555 (2015) (citations omitted).
ACCA defines a violent felony as: "any crime punishable
by imprisonment for a term exceeding one year" that
"(i) has as an element the use, attempted use, or
threatened use of physical force against the person of
another; or (ii) is burglary, arson, or extortion, involves
use of explosives, or otherwise involves conduct that
presents a serious potential risk of physical injury to
another 18 U.S.C. § 924(e)(2)(B) (emphasis added).
"The closing words of this definition, italicized above,
have come to be known as the Act's residual clause."