Tremaine Jackson v. USA

Filing

Opinion issued by court as to Appellant Tremaine Shenard Jackson. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

Case: 15-15552

Date Filed: 09/20/2017

Page: 1 of 3

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 15-15552
Non-Argument Calendar
________________________
D.C. Docket Nos. 9:15-cv-81231-DTKH, 9:12-cr-80211-DTKH-15

TREMAINE SHENARD JACKSON,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(September 20, 2017)
Before HULL, MARCUS and MARTIN, Circuit Judges.
PER CURIAM:
Tremaine Jackson, a federal prisoner serving a 120-month sentence after
pleading guilty to possession with intent to distribute 500 grams or more of

Case: 15-15552

Date Filed: 09/20/2017

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cocaine, appeals pro se the district court’s order denying his 28 U.S.C. § 2255
motion to vacate, set aside, or correct his sentence. On appeal, in a brief filed
before the Supreme Court’s decision in Beckles v. United States, 137 S. Ct. 886
(2017), Jackson argues that this Court’s decision in United States v. Matchett, 802
F.3d 1185 (11th Cir. 2015), was wrongly decided, that the district court erred in
denying his petition based on Matchett, and that the residual clause contained in
the career offender provision of the Sentencing Guidelines, U.S.S.G. § 4B1.2(a), is
void for vagueness.
In reviewing the denial of a § 2255 motion, we review legal conclusions de
novo and factual findings for clear error. Spencer v. United States, 773 F.3d 1132,
1137 (11th Cir. 2014) (en banc). In Johnson v. United States, 135 S. Ct. 2551,
2557-58 (2015), the Supreme Court invalidated the Armed Career Criminal Act’s
(“ACCA”) residual clause, 18 U.S.C. § 924(e)(2)(B)(ii), holding that it was
unconstitutionally vague because it created uncertainty about (1) how to evaluate
the risks posed by the crime, and (2) how much risk it takes to qualify as a violent
felony. Subsequently, the Supreme Court held that Johnson announced a new
substantive rule that applies retroactively to cases on collateral review. Welch v.
United States, 136 S. Ct. 1257, 1264-65, 1268 (2016).
In Matchett, we rejected the argument that the virtually identical careeroffender residual clause in § 4B1.2(a)(2) was unconstitutional, concluding that
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Case: 15-15552

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Johnson’s holding did not apply to the Sentencing Guidelines. 802 F.3d at 119495.

In Beckles, the Supreme Court affirmed that the advisory Sentencing

Guidelines are not subject to the same vagueness challenge under the Due Process
Clause as the ACCA, and as such, § 4B1.2(a)(2)’s residual clause is not void for
vagueness. Beckles, 137 S.Ct. at 897.
Because Johnson does not extend to the residual clause of the careeroffender guideline, Jackson’s claim that his career offender enhancement was
unlawful in light of Johnson fails. Accordingly, we affirm the district court’s
denial of Jackson’s § 2255 motion.
AFFIRMED.

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