Opinion
Criminal Action No. 3:11-cr-00095-JAG
06-06-2017
UNITED STATES OF AMERICA v. MATTHEW WALTON, Defendant.
OPINION
On June 24, 2016, the defendant filed a motion pursuant to 28 U.S.C. § 2255 (the "§ 2255 Motion") challenging his designation as a career offender under §2K2.1 and §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: June 6, 2017
Richmond, VA
/s/_________
John A. Gibney, Jr.
United States District Judge