Beaver v. USA
Filing
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ORDER: The Court has before it Plaintiff's Motion to Vacate under §2255 (Doc. 1 ), the government's Response (Doc. 4 ), Plaintiff's Reply (Doc. 5 ), the Report and Recommendation (Doc. 6 ), and Plaintiff's Objections (D oc. 7 ), to which no response has been filed. We have reviewed de novo the objections and the R&R under Rule 72 (b)(3), Fed. R. Civ. P. We accept the recommended disposition (Doc. 6 ). Accordingly, it is ORDERED DENYING plaintiff's Motion to Vacate under 28 U.S.C. §2255 (Doc. 1 ). It is further ORDERED DENYING a Certificate of Appealability under Rule 11, Rules Governing Section 2255 Proceedings, for the reason that plaintiff has not made a substantial showing of the denial of a constitutional right under 28 U.S.C. §2253(c). Signed by Senior Judge Frederick J Martone on 1/17/2017. (REK)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Jeremy Wayne Beaver,
Plaintiff,
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vs.
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United States of America,
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Defendant.
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No. CV 16-01605-PHX-FJM
CR 10-00324-PHX-FJM
ORDER
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The Court has before it Plaintiff’s Motion to Vacate under §2255 (Doc. 1), the
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government’s Response (Doc. 4), Plaintiff’s Reply (Doc. 5), the Report and
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Recommendation (Doc. 6), and Plaintiff’s Objections (Doc. 7), to which no response has
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been filed.
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Plaintiff argues that his bank robbery conviction is not a crime of violence. The
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magistrate judge concludes that it is, as has the Ninth Circuit in an unpublished
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Memorandum Decision. We agree with the magistrate judge and the panel. We note also
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that the United States Sentencing Commission recently (August 1, 2016) amended its
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Guidelines to list “robbery” as an enumerated offense for purposes of defining a crime of
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violence. USSG §4B1.2. This certainly comports with one’s understanding of the difference
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between robbery and other theft offenses.
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We have reviewed de novo the objections and the R&R under Rule 72(b)(3), Fed. R. Civ.
P. We accept the recommended disposition (Doc. 6).
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Accordingly, it is ORDERED DENYING plaintiff’s Motion to Vacate under 28 U.S.C.
§2255 (Doc. 1).
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It is further ORDERED DENYING a Certificate of Appealability under Rule 11, Rules
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Governing Section 2255 Proceedings, for the reason that plaintiff has not made a substantial
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showing of the denial of a constitutional right under 28 U.S.C. §2253(c).
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DATED this 17th day of January, 2017.
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