Gonzalez v. United States

Full title: JORGE L. DELGADO GONZALEZ Plaintiff v. UNITED STATES OF AMERICA Defendant

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

Date published: Feb 24, 2020

CIVIL 16-2149CCC (D.P.R. Feb. 24, 2020)

Opinion

CIVIL 16-2149CCC

02-24-2020

JORGE L. DELGADO GONZALEZ Plaintiff v. UNITED STATES OF AMERICA Defendant

GUSTAVO A. GELPÍ Chief United States District Judge

(Related Cr. 12-0614-02CCC)

OPINION AND ORDER

Before the Court is petitioner Jorge L. Delgado Gonzalez's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (d.e. 1) filed June 21, 2016 and the United States' Motion to Dismiss (d.e. 11) filed March 31, 2017.

On January 24, 2012, petitioner plead guilty to Hobbs Act robbery, 18 U.S.C. § 1951, in criminal case 12-cr-614CCC. He now seeks federal habeas relief in light of Johnson v. United States, 576 U.S. ___ (2015), which struck down as unconstitutional the residual clause of the Armed Career Criminal Act ("ACCA") found at 18 U.S.C. § 924(e)(2)(B).

However, petitioner was not subject to the ACCA in this case, nor was he subject to a career offender enhancement pursuant to United States Sentencing Guidelines § 2B1.1. Accordingly, he is not eligible for relief under Johnson.

For the foregoing reasons, the United States' Motion to Dismiss (d.e. 11) is GRANTED. Judgment shall be entered by separate order.

CERTIFICATE OF APPEALABILITY

The Court hereby ORDERS that no certificate of appealability shall be issued as petitioner failed to make a substantial showing of the denial of a constitutional right as required by 28 U.S.C. § 2253(c)(2).

SO ORDERED.

In San Juan, Puerto Rico this 24^th day of February, 2020.

S/GUSTAVO A. GELPÍ

Chief United States District Judge