Opinion
2:04-cr-223 2:14-cv-778
06-24-2014
UNITED STATES OF AMERICA, Plaintiff, v. ERIC ROBERTSON, Defendant.
MEMORANDUM ORDER
Now pending before the Court is Defendant Eric Robertson's MOTION TO CORRECT SENTENCE UNDER 28 U.S.C. § 2255 (ECF No. 56), filed on his behalf by the Federal Public Defender. No response is necessary.
Robertson argues that he should be re-sentenced because he no longer qualifies as a career offender. Specifically, he argues that his prior conviction for simple assault under Pennsylvania law, 18 Pa.C.S.A. § 2701(a)(1), is not a "crime of violence" under the elements-driven categorical approach used in the recent Supreme Court decision in Descamps v. United States, 133 S. Ct. 2276 (2013).
Unfortunately for Robertson, this precise argument was rejected by the United States Court of Appeals for the Third Circuit in United States v. Marrero, 743 F.3d 389 (3d Cir. 2014), which held that simple assault remains a crime of violence. As the Federal Public Defender recognizes, this Court is required to follow the holding in Marrero.
Accordingly, the MOTION TO CORRECT SENTENCE UNDER 28 U.S.C. § 2255 (ECF No. 56) is DENIED. Civil Action No. 14-778 shall be marked closed. Defendant shall have the right to appeal this ruling.
BY THE COURT:
Terrence F. McVerry
United States District Court Judge
cc: Margaret E. Picking, AUSA
Email: margaret.picking@usdoj.gov
Lisa B. Freeland, FPD
Email: Lisa_Freeland@fd.org