CATES v. USA

CATES v. USA

Petitioner:	SCOTT A. CATES
Respondent:	USA
Case Number:	2:2015cv00259
Filed:	August 19, 2015
Court:	US District Court for the Southern District of Indiana
Office:	Terre Haute Office
Presiding Judge:	William T. Lawrence
Presiding Judge:	Debra McVicker Lynch
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
May 16, 2017	Filing 20 Entry Dismissing Motion to Vacate, Set Aside, or Correct Sentence and Denying a Certificate of Appealability - The petitioner filed a motion for relief pursuant to 28 U.S.C. § 2255 arguing that, under Johnson v. United States, 135 S.Ct. 2551 (2 015), his sentence was unconstitutionally enhanced and he must be resentenced. The motion for relief is denied and this action is dismissed, pursuant to Rule 4 because the holding in Beckles forecloses the petitioner's challenge to the enhanc ement 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. 2:13-cr-5-WTL-CMM-1. The Court therefore denies a certificate of appealability. (See Entry.) Copy to petitioner via US Mail. Signed by Judge William T. Lawrence on 5/16/2017.(RSF)

Date Filed

Document Text

May 16, 2017

Filing 20 Entry Dismissing Motion to Vacate, Set Aside, or Correct Sentence and Denying a Certificate of Appealability - The petitioner filed a motion for relief pursuant to 28 U.S.C. § 2255 arguing that, under Johnson v. United States, 135 S.Ct. 2551 (2 015), his sentence was unconstitutionally enhanced and he must be resentenced. The motion for relief is denied and this action is dismissed, pursuant to Rule 4 because the holding in Beckles forecloses the petitioner's challenge to the enhanc ement 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. 2:13-cr-5-WTL-CMM-1. The Court therefore denies a certificate of appealability. (See Entry.) Copy to petitioner via US Mail. Signed by Judge William T. Lawrence on 5/16/2017.(RSF)

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Petitioner: SCOTT A. CATES
Represented By:	Sara J. Varner
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Respondent: USA
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