Opinion
Case No. 16-3179
09-27-2019
RORY C. MAYNOR, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
OPINION
:
Pending is Motion of Petitioner Rory C. Maynor to Vacate Sentence Under 28 U.S.C. § 2255.
Following a guilty plea to the manufacture of a mixture or substance containing methamphetamine, the Petitioner was sentenced to 188 months in the custody of the Bureau of Prisons followed by six years of supervised release. See United States v. Rory C. Maynor, Case No. 10-30003.
At sentencing, the Petitioner was determined to be a career offender based on prior convictions for aggravated battery and attempted possession of methamphetamine manufacturing materials. The aggravated battery conviction was determined to be a "crime of violence" pursuant to the career offender residual clause, U.S.S.G. § 4B1.2(a).
The Petitioner sought habeas relief after the Supreme Court determined that the residual clause of the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(3e)(2)(B)(ii), was unconstitutionally vague. See Johnson v. United States, 135 S. Ct. 2551, 2555-60 (2015). The following year, the Court held that the rule in Johnson is retroactive to cases on collateral review. See Welch v. United States, 136 S. Ct. 1257, 1268 (2016). Following the decisions in Johnson and Welch, the status of the identically worded career offender residual clause was uncertain.
In Beckles v. United States, 137 S. Ct. 886 (2017), the Supreme Court held that the advisory Sentencing Guidelines are not subject to vagueness challenges and, therefore, the post-Booker advisory version of § 4B1.2(a)'s residual clause is not void for vagueness. See id. at 893-95. Because the Petitioner was sentenced under the advisory Sentencing Guidelines, the Court concludes he is entitled to no relief.
Accordingly, the Petitioner was properly sentenced as a career offender and therefore is entitled to no relief on the merits.
Pursuant to Rule 11(a) of the Rules Governing Section 2255 Proceedings, the Court must issue or deny a certificate of appealability. Upon reviewing the entire record, the Court concludes that the Petitioner has not made a substantial showing of the denial of a constitutional right as required under 28 U.S.C. § 2253(c)(2). Accordingly, the Court will deny a certificate of appealability.
Ergo, the Motion of Petitioner Rory C. Maynor to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 [d/e 1] is DENIED.
Because the Petitioner has not made a substantial showing of the denial of a constitutional right, the Court hereby denies the Petitioner a certificate of appealability under Rule 11(a).
The Petitioner may seek a certificate from the court of appeals under Federal Rule of Appellate Procedure 22. ENTER: September 27, 2019
FOR THE COURT:
/s/ Richard Mills
Richard Mills
United States District Judge