Opinion
CRIMINAL NO. 14-251 CIVIL NO. 16-597
04-21-2016
MEMORANDUM
The defendant in this case pled guilty to a single count indictment charging possession of a firearm by a convicted felon, under 18 U.S.C. § 922(g)(1). Defendant was sentenced to a term of imprisonment of 100 months, on April 1, 2015. Defendant has filed a Petition for Relief under 28 U.S.C. § 2255, based on the incorrect assumption that he was sentenced under the Armed Career Criminal Act, which has been the subject of recent United States Supreme Court decisions. However, the record is clear that the defendant was not sentenced under the Armed Career Criminal Act, and there is no merit to his Petition and it will therefore be DISMISSED without a certificate of appealability. An appropriate Order follows. O:\Criminal Cases\14cr251 Crum Memo 04202016.docx