Kawaum Marquez Scott v. United States of America
| Kawaum Marquez Scott |
| United States of America |
| 5:2016cv01383 |
| June 27, 2016 |
| US District Court for the Central District of California |
| Virginia A Phillips |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentence |
| None |
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Filing 5
MINUTES [In Chambers] ORDER DENYING PETITIONERS MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. 2255 by Judge Virginia A. Phillips.Petitioner claims that his sentence should be set aside the Supreme Courts decision inJohnson v. United States, 135 S. Ct. 2551 (2015). (Mot. at 1.) Petitioners sentence was determined pursuant to U.S.S.G 4B1.5(b)(1) because his conviction was for a sex crime (Id. at 6.) Petitioner contends that the Supreme Court decision in Johnson that the residual clause of the Armed Career Criminal Act is unconstitutionally vague, applies equally to Section 4B1.5(b)(1) of the Sentencing Guidelines, and thus invalidates Petitioners sentence. (Mot. at 69.) The Supreme Court recently considered whether a defendant may collaterally attack a Sentencing Guideline as void for vagueness in Beckles v. United States, 137 S. Ct. 886 (2017). In Beckles, the United States District Court for the Southern District of Florida held that the defendant's prior conviction constituted a crime of violence; this determination qualified the defendant to a sentencing enhancement under U.S.S.G. 4B1.1(a). See id. at 890. Thedefendant challenged the enhancement arguing that the applicable Sentencing Guideline was unconstitutionally vague. Id. The Supreme Court noted that, the Court has invalidated two kinds of criminal laws as void for vagueness: laws that define criminal offenses and laws that fix the permissible sentences for criminal offenses. Id. at 892. The Supreme Court explained that the advisory Sentencing Guidelines, however, fit neither of these two categories. Id. at 89293. The Supreme Court held that the advisory Sentencing Guidelines are not subject to a vagueness challenge under the Due Process Clause. Id. at 895. The Supreme Court's decision in Beckles precludes Petitioners assertion that hissentence was based on unconstitutionally vague sentencing guidelines. Accordingly, the Court DENIES Petitioners Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255. IT IS SO ORDERED. (Made JS-6. Case Terminated.) Court Reporter: None. (ab)
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| Filing 4 NOTICE TO PARTIES by District Judge Virginia A. Phillips. Effective November 14, 2016, Judge Phillips will be located at the 1st Street Courthouse, COURTROOM 8A on the 8th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 8A of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips for motion filed under 28 U.S.C. 2255. (esa) |
| Filing 2 MEMORANDUM OF LAW in Support filed by petitioner Kawaum Marquez Scott. Re: Motion to Vacate/Set Aside/Correct Sentence (2255) #1 (esa) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence pursuant to 28 USC 2255 assigned to Judge Virginia A. Phillips. For docketing entries refer to CR Case # 5:13-cr-00116-VAP-1, filed by petitioner Kawaum Marquez Scott. (esa) |
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