Opinion
Case No. 13-cr-20273
04-05-2017
LESLIE DEAN GREER, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
Magistrate Judge Patricia T. Morris ORDER DISMISSING PETITIONER'S MOTION TO VACATE SENTENCE PURSUANT TO PETITIONER'S REQUEST , AND CLOSING CIVIL ACTION
On June 14, 2016, Petitioner Leslie Dean Greer filed a motion, via counsel, to vacate his sentence under 28 U.S.C. § 2255. See ECF No. 20. He argues in that motion that pursuant to the Supreme Court's decision in Johnson v. United States, 135 S. Ct. 2551 (2015) (striking down the residual clause of the Armed Career Criminal Act as unconstitutionally vague), his sentence under the residual clause of the career offender provision of the United States Sentencing Guidelines must be vacated. On June 23, 2016, Greer filed a second motion to vacate, which he prepared without the aid of counsel. ECF No. 22. Both motions were referred to Magistrate Judge Patricia T. Morris. ECF No. 24. She immediately issued a text-only order finding Greer's pro se motion moot because his counsel had filed a motion making an identical argument. On September 7, 2016, the Government filed a motion to stay the proceedings pending the outcome of Beckles v. United States, 136 S.Ct. 2510 (2016). ECF No. 26. That motion was referred to and granted by Magistrate Judge Patricia T. Morris. See ECF No. 28, 29.
Like the motion to vacate filed by his counsel, this motion relies solely on Johnson in seeking relief.
On March 6, 2017 the Supreme Court reached a decision in Beckles, holding that the sentencing guidelines are not subject to void for vagueness challenges under the Fifth Amendment Due Process clause. See Beckles v. United States, No. 15-8544, 2017 WL 855781, at *3 (U.S. Mar. 6, 2017). Subsequent to that opinion, Petitioner Greer has given notice that he wishes to voluntarily dismiss his § 2255 petition. See ECF No. 30. The petition will therefore be dismissed.
The effect the filing and voluntary dismissal of the petition may have on Greer's rights and obligations under 28 U.S.C. § 2255(h) will be determined if and when he attempts to file a subsequent petition. --------
It is ORDERED that Petitioner Greer's motion to vacate sentence under 28 U.S.C. § 2255, ECF No. 20, is DISMISSED.
It is further ORDERED that the corresponding civil action, Greer v. United States, 16-cv-12192 (E.D. Mich. June 14, 2016), is CLOSED.
Dated: April 5, 2017
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on April 5, 2017.
s/Kelly Winslow for
MICHAEL A. SIAN, Case Manager