Opinion
CRIMINAL ACTION NO.: 11-00096-BAJ-RLB
05-11-2018
UNITED STATES OF AMERICA v. RAMON ANDERSON
RULING AND ORDER
Before the Court is the Motion to Vacate Under 28 U.S.C. 2255 (Doc. 72) filed by Defendant, Ramon Anderson, requesting that the Court vacate his sentence in light of Johnson v. United States, 576 U.S. ___, 135 S. Ct. 2551 (2015). In Johnson, the Supreme Court held that the Armed Career Criminal Act's ("ACCA"), 18 U.S.C. § 924(e), residual clause is unconstitutionally vague. In accordance with the Court's previous order in Case No. 11-cr-147 (Doc. 76), the motion is DENIED.
I. BACKGROUND
On July 10, 2012, in Case No. 11-cr-96, Petitioner pleaded guilty to failure to register as a sex offender under 18 U.S.C. § 2250(a). (Doc 40). On June 12, 2012, in Case No. 11-cr-147, after a jury trial, Petitioner was found guilty of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). (Doc. 76 at p. 1). On March 12, 2013, the Court sentenced Petitioner to a term of imprisonment of 84 months in Case No. 11-cr-96 and Case No. 11-cr-147, to run concurrently. (Doc. 59). On June 24 2016, Petitioner filed a motion to vacate, under 28 U.S.C. § 2255, in Case No. 11-cr-96 and Case No. 11-CR-147. (Doc. 72). The Government responded. (Doc. 75).
On November 13, 2017, the Court entered a ruling in Case No. 11-cr-147 (Doc. 76). The Court denied Petitioner's § 2255 motion in that case because it found that Petitioner was not sentenced under the residual clause of the ACCA, and therefore, Johnson did not apply to Petitioner. (Id. at pp. 2-3).
II. DISCUSSION
As the Court noted in its earlier order, Petitioner was sentenced at the same time in Cases No. 11-cr-96 and 11-cr-147. (Doc. 76 at p. 1). Accordingly, Petitioner was not sentenced under the ACCA's residual clause, and he is therefore not entitled to relief.
III. CONCLUSION
Accordingly,
IT IS ORDERED that the motion (Doc. 72) is DENIED.
Baton Rouge, Louisiana, this 11th day of May, 2018.
/s/ _________
BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA