Opinion
Case No. 1:11CR00044-001
08-08-2017
UNITED STATES OF AMERICA v. LUKE ADAM THOMPSON, Defendant.
Jennifer R. Bockhorst, Assistant United States Attorney, Abingdon, Virginia, for United States; Luke Adam Thompson, Pro Se Defendant.
OPINION
Jennifer R. Bockhorst, Assistant United States Attorney, Abingdon, Virginia, for United States; Luke Adam Thompson, Pro Se Defendant.
The defendant, Luke Adam Thompson, has filed a motion pursuant to 28 U.S.C. § 2255. I find that the United States' Motion to Dismiss must be granted.
The defendant was sentenced by this court on May 21, 2012, after pleading guilty to possession of a firearm after having been convicted of a felony and being an unlawful user of a controlled substance in violation of 18 U.S.C. §§ 922(g)(1), (3) (Count One) and stealing a firearm from a federally licensed firearms dealer, in violation of 18 U.S.C. § 922(u) (Count Three). He was sentenced to 48 months imprisonment, to be followed by three years supervised release.
On June 22, 2016, Thompson filed a pro se motion pursuant to 28 U.S.C. § 2255, contending that his sentence was invalid based upon the holding of the Supreme Court in Johnson v. United States, 135 S. Ct. 2551 (2015). The United States has filed a Motion to Dismiss, asserting that Stevenson's § 2255 motion is without merit.
Thompson's motion does raise any Johnson claim. He was not sentenced under the Armed Career Criminal Act and had no Guideline enhancements due to prior crimes of violence. His motion does not state a claim for relief and is barred by the applicable one-year statute of limitations. 28 U.S.C. § 2255(f).
For these reasons, the United States' Motion to Dismiss will be granted and the § 2255 motion dismissed.
A separate final order will be entered forthwith.
DATED: August 8, 2017
/s/ James P. Jones
United States District Judge