GREER v. USA

GREER v. USA

Petitioner:	FLETCHER ANDREW GREER
Respondent:	USA
Case Number:	1:2016cv01646
Filed:	June 24, 2016
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Tim A. Baker
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 1, 2017	Filing 9 Entry Dismissing Motion to Vacate, Set Aside, or Correct Sentence, Directing Entry of Final Judgment, and Denying a Certificate of Appealability - Fletcher Andrew Greer on April 2, 2015, pled guilty to four counts of robbery affecting interstate c ommerce (Hobbs Act robbery) and one count of brandishing a firearm during the commission of a crime of violence. United States v. Greer, No. 1:14-cr-0237-JMS-DKL-3 (S.D. Ind.) He did not appeal. Following the Supreme Court's decision in Joh nson v. United States, 576 U.S. ___, 135 S. Ct. 2551 (2015), invalidating the residual clause of the Armed Career Criminal Act, Greer commenced this action pursuant to 28 U.S.C. § 2255. Greer contends that Johnson applies to his brandishin g a firearm conviction, imposed pursuant to 18 U.S.C. § 924(c), because the reasoning of Johnson causes Hobbs Act robberies to not be considered crimes of violence. It plainly appears from the face of Greer's motion and the record of prior proceedings that Greer is not entitled to relief. Pursuant to Rule 4(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts the Court now dismisses this action. Judgment consistent with this Entry shall now issue. The clerk is directed to docket a copy of this Entry in case number 1:14-cr-00237-JMS-DKL-3. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing § 2255 proceedings, and 28 U.S.C. § 2253(c), the Court finds that Greer 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 9/1/2017.(APD)

Date Filed

Document Text

September 1, 2017

Filing 9 Entry Dismissing Motion to Vacate, Set Aside, or Correct Sentence, Directing Entry of Final Judgment, and Denying a Certificate of Appealability - Fletcher Andrew Greer on April 2, 2015, pled guilty to four counts of robbery affecting interstate c ommerce (Hobbs Act robbery) and one count of brandishing a firearm during the commission of a crime of violence. United States v. Greer, No. 1:14-cr-0237-JMS-DKL-3 (S.D. Ind.) He did not appeal. Following the Supreme Court's decision in Joh nson v. United States, 576 U.S. ___, 135 S. Ct. 2551 (2015), invalidating the residual clause of the Armed Career Criminal Act, Greer commenced this action pursuant to 28 U.S.C. § 2255. Greer contends that Johnson applies to his brandishin g a firearm conviction, imposed pursuant to 18 U.S.C. § 924(c), because the reasoning of Johnson causes Hobbs Act robberies to not be considered crimes of violence. It plainly appears from the face of Greer's motion and the record of prior proceedings that Greer is not entitled to relief. Pursuant to Rule 4(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts the Court now dismisses this action. Judgment consistent with this Entry shall now issue. The clerk is directed to docket a copy of this Entry in case number 1:14-cr-00237-JMS-DKL-3. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing § 2255 proceedings, and 28 U.S.C. § 2253(c), the Court finds that Greer 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 9/1/2017.(APD)

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Petitioner: FLETCHER ANDREW GREER
Represented By:	Sara J. Varner
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Respondent: USA
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