Opinion
Case No. 09-20225
03-27-2019
UNITED STATES OF AMERICA, Plaintiff, v. SCOTT SAMONEK, Defendant.
OPINION AND ORDER DENYING MOTION TO VACATE SENTENCE AND DENYING A CERTIFICATE OF APPEALABILITY
The Sixth Circuit authorized Scott Samonek to bring a second motion to vacate his sentence under 28 U.S.C. § 2255, which is now before the court. (ECF Nos. 63, 68.) This motion, filed in 2016, argues that Defendant should be resentenced based upon Johnson v. United States, 135 S. Ct. 2551 (2015). Specifically, it contends that Defendant's felonious assault conviction no longer qualifies as a predicate offense for a career offender enhancement under the U.S. Sentencing Guidelines because § 4B1.2(a) is unconstitutionally vague.
The government filed a response explaining that two subsequent decisions have foreclosed this argument. (ECF No. 70.) In Beckles v. United States, 137 S. Ct. 886 (2017), the Supreme Court held that the Sentencing Guidelines are not subject to vagueness challenges and thus § 4B1.2(a) is not void for vagueness. Id. at 892. Moreover, in United States v. Harris, 853 F.3d 318 (6th Cir. 2017), the Sixth Circuit held that a Michigan conviction for felonious assault is a crime of violence under § 4B1.2(a) and thus qualifies as a predicate offense for a career offender enhancement. Id. at 322.
Defendant filed a reply in which counsel acknowledged his agreement with the government that the merits of the § 2255 motion have been undermined by these decisions. (ECF No. 71.)
Because Defendant's argument based upon Johnson no longer has merit, the court will deny his § 2255 motion. The court will also deny a certificate of appealability because jurists of reason would not debate the court's analysis with respect to Defendant's claim. 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 483-84 (2000). Accordingly,
IT IS ORDERED that Defendant's § 2255 Motion to Vacate Sentence (ECF No. 68) is DENIED.
IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED.
s/Robert H. Cleland /
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE Dated: March 27, 2019 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, March 27, 2019, by electronic and/or ordinary mail.
s/Lisa Wagner /
Case Manager and Deputy Clerk
(810) 292-6522 S:\Cleland\Cleland\JUDGE'S DESK\C2 ORDERS\16-14525.SAMONEK.Deny2255.docx