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United States v. Claiborne

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division
Aug 4, 2017
Criminal Action No. 3:06-cr-00240-JAG (E.D. Va. Aug. 4, 2017)

Opinion

Criminal Action No. 3:06-cr-00240-JAG

08-04-2017

UNITED STATES OF AMERICA v. DANA J. CLAIBORNE, Defendant.


OPINION

On June 23, 2016, the defendant filed a motion pursuant to 28 U.S.C. § 2255 (the "§ 2255 Motion") challenging his designation as a career offender under §4B1.2 of the United States Sentencing Guidelines (the "Guidelines"). He based this challenge on the Supreme Court's decision in Johnson v. United States, ___ U.S. ___, 135 S. Ct. 2551 (2015), which held the residual clause of the similarly-worded Armed Career Criminals Act (the "ACCA") unconstitutionally vague.

On March 6, 2017, the Supreme Court held that, unlike the ACCA language considered in Johnson, the Guidelines are not subject to vagueness challenges. Beckles v. United States, ___ U.S. ___, 137 S. Ct. 886, 890 (2017). Thus, the vagueness holding in Johnson does not apply to the residual clause in §4B1.2 of the Guidelines. United States v. Lee, 855 F.3d 244, 246-47 (4th Cir. 2017). Consequently, regardless of any procedural or timeliness issues with the § 2255 Motion, it would fail on the merits. Id.

For these reasons, the Court GRANTS the government's motion to dismiss the § 2255 Motion.

The Court will issue an appropriate order.

Let the Clerk send a copy of this Opinion to all counsel of record. Date: August 4, 2017
Richmond, VA

/s/_________

John A. Gibney, Jr.

United States District Judge


Summaries of

United States v. Claiborne

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division
Aug 4, 2017
Criminal Action No. 3:06-cr-00240-JAG (E.D. Va. Aug. 4, 2017)
Case details for

United States v. Claiborne

Case Details

Full title:UNITED STATES OF AMERICA v. DANA J. CLAIBORNE, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division

Date published: Aug 4, 2017

Citations

Criminal Action No. 3:06-cr-00240-JAG (E.D. Va. Aug. 4, 2017)