GRAVES v. UNITED STATES OF AMERICA

GRAVES v. UNITED STATES OF AMERICA

Petitioner:	CURTIS GRAVES
Respondent:	UNITED STATES OF AMERICA
Case Number:	1:2016cv01619
Filed:	June 24, 2016
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Debra McVicker Lynch
Presiding Judge:	Jane Magnus-Stinson
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
September 21, 2017	Filing 16 Entry Dismissing Motion to Vacate, Set Aside, or Correct Sentence and Denying a Certificate of Appealability - After counsel withdrew, the petitioner filed a pro se amended motion for relief pursuant to 28 U.S.C. § 2255 arguing that, under Jo hnson v. United States, 135 S.Ct. 2551 (2015), his sentence was unconstitutionally enhanced and he must be resentenced. For the reasons stated in this Entry, the motion for relief is denied and this action is dismissed pursuant to Rule 4 of the Ru les Governing Section 2255 Proceedings for the United States District Courts. The Court now dismisses this action pursuant to Rule 4 because the holding in Beckles forecloses the petitioner's challenge to the enhancement of his sentence under the Sentencing Guidelines. Judgment consistent with this Entry shall now issue and a copy of this Entry shall be docketed in No. 1:02-cr-0127-JMS-KPF-1. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing 7; 2255 proceedings, and 28 U.S.C. § 2253(c), the Court finds that the petitioner has failed to show that reasonable jurists would find "it debatable whether the petition states a valid claim of the denial of a constitutional right." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. (See Entry). Copy to Petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 9/21/2017.(APD)

Date Filed

Document Text

September 21, 2017

Filing 16 Entry Dismissing Motion to Vacate, Set Aside, or Correct Sentence and Denying a Certificate of Appealability - After counsel withdrew, the petitioner filed a pro se amended motion for relief pursuant to 28 U.S.C. § 2255 arguing that, under Jo hnson v. United States, 135 S.Ct. 2551 (2015), his sentence was unconstitutionally enhanced and he must be resentenced. For the reasons stated in this Entry, the motion for relief is denied and this action is dismissed pursuant to Rule 4 of the Ru les Governing Section 2255 Proceedings for the United States District Courts. The Court now dismisses this action pursuant to Rule 4 because the holding in Beckles forecloses the petitioner's challenge to the enhancement of his sentence under the Sentencing Guidelines. Judgment consistent with this Entry shall now issue and a copy of this Entry shall be docketed in No. 1:02-cr-0127-JMS-KPF-1. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing 7; 2255 proceedings, and 28 U.S.C. § 2253(c), the Court finds that the petitioner has failed to show that reasonable jurists would find "it debatable whether the petition states a valid claim of the denial of a constitutional right." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. (See Entry). Copy to Petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 9/21/2017.(APD)

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Petitioner: CURTIS GRAVES
Represented By:	Sara J. Varner
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Respondent: UNITED STATES OF AMERICA
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