Jesus Izquierdo v. USA


Opinion issued by court as to Appellant Jesus Izquierdo. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link

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Case: 16-16086 Date Filed: 06/15/2017 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-16086 Non-Argument Calendar ________________________ D.C. Docket Nos. 1:16-cv-22728-KMM, 1:08-cr-20273-KMM-1 JESUS IZQUIERDO, Petitioner-Appellant, versus UNITED STATES OF AMERICA, Respondent-Appellee. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (June 15, 2017) Before WILLIAM PRYOR, JULIE CARNES and JILL PRYOR, Circuit Judges. PER CURIAM: Case: 16-16086 Date Filed: 06/15/2017 Page: 2 of 2 Jesus Izquierdo appeals the denial of his motion to vacate his sentence. 28 U.S.C. § 2255(f). Izquierdo argued that, under Johnson v. United States, 135 S. Ct. 2551 (2015), the district court violated his due process rights by increasing his sentence under the residual clause of the career offender provision of the United States Sentencing Guidelines, U.S.S.G. § 4B1.2(a). The district court ruled that Izquierdo’s argument “fail[ed] as a matter of law” based on United States v. Matchett, 802 F.3d 1185, 1194‒95 (11th Cir. 2015), and denied it as untimely. We affirm the denial of Izquierdo’s motion on the ground that it failed on the merits. The district court correctly ruled that Johnson did not affect Izquierdo’s sentence under the Guidelines. After Izquierdo appealed, the Supreme Court held in Beckles v. United States, 137 S. Ct. 886 (2017), as we had in Matchett, that “the advisory Sentencing Guidelines are not subject to a vagueness challenge under the Due Process Clause and that § 4B1.2(a)’s residual clause is not void for vagueness.” Beckles, 137 S. Ct. at 895. Beckles confirms that Johnson did not affect the validity of Izquierdo’s sentence. We AFFIRM the denial of Izquierdo’s motion to vacate. 2

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