Opinion
CRIMINAL ACTION 98-347-1 CIVIL ACTION 16-1698
07-08-2024
UNITED STATES OF AMERICA v. ALAN FRAZIER
ORDER
Juan R. Sanchez, J.
AND NOW, this 8th day of July, 2024, upon consideration of Movant Alan Frazier's Motion to Correct Sentence Under 28 U.S.C. § 2255 (Document No. 95) and the Government's Response thereto (Document No. 99), and for the reasons set forth in the accompanying Memorandum, it is ORDERED:
• The Motion is DENIED as to Frazier's due process challenge to his conviction and sentence under 18 U.S.C. § 924(c) for using and carrying a firearm during and in relation to a crime of violence.
• As to Frazier's due process challenge to his career offender designation under the United States Sentencing Guidelines, Frazier shall submit a supplemental brief on or before July 22, 2024, addressing whether this claim is time-barred under United States v. Green, 898 F.3d 315 (3d Cir. 2018). The Government may submit a response on or before August 5, 2024.