Manigault v. USA

Filing 26

ORDER: For the reasons set forth in the attached document, the petitioner's motion to vacate, set aside or correct sentence under 28 U.S.C. § 2255 (ECF No. 1 ) is hereby DENIED. No certificate of appealability issued. The Clerk shall close this case. Signed by Judge Alvin W. Thompson on 4/18/19. (Mata, E.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
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FRANCIS MANIGAULT,
:
:
Petitioner,
:
:
v.
:
:
UNITED STATES OF AMERICA,
:
:
Respondent.
:
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Civ. No. 3:16CV1590(AWT)

ORDER RE MOTION PURSUANT TO 28 U.S.C. § 2255
For the reasons set forth below, the petitioner’s motion to
vacate, set aside or correct sentence under 28 U.S.C. § 2255 is
being denied.
The petitioner argues that he is entitled to relief because
his 18 U.S.C. § 924(c) conviction was predicated on 18 U.S.C. §
1951 Hobbs Act robberies which do not qualify as crimes of
violence under Johnson v. United States, 135 S. Ct. 2551 (2015).
United States v. Hill, 890 F.3d 51 (2d Cir. 2018), which was
issued after the Supreme Court’s decision in Sessions v. Dimaya,
138 S. Ct. 1204 (2018), holds that a substantive Hobbs Act
robbery is a categorical crime of violence under 18 U.S.C. §
924(c)(3)(A).

See Hill, 890 F.3d at 53, 58.

While the

petitioner takes issue with the reasoning in Hill, it is
dispositive of his claim.
Accordingly, the petitioner’s motion to vacate, set aside or
correct sentence under 28 U.S.C. § 2255 (ECF No. 1) is hereby
DENIED.

The court will not issue a certificate of appealability

because the petitioner has not made a substantial showing of the
denial of a constitutional right.

See 28 U.S.C. § 2253(c)(2).

The Clerk shall close this case.
It is so ordered.
Dated this 18th day of April, 2019 at Hartford, Connecticut.

/s/AWT
Alvin W. Thompson
United States District Judge