Langston v. United States of America
ORDER adopting Report and Recommendations re 53 Report and Recommendations. Certificate of Appealability: DENIED. Mr. Langston shall be RESENTENCED as to Count 1 only. Separate order to follow. Closing Case.. Signed by Judge Kathleen M. Williams on 9/15/2020. See attached document for full details. (ail)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 18-cv-21240-KMW
(Criminal Case No. 15-cr-20544-KMW-2)
UNITED STATES OF AMERICA,
THIS MATTER is before the Court on Magistrate Judge Lisette M. Reid’s report
and recommendation (DE 53) (“Report”) regarding Plaintiff’s amended motion to vacate
filed pursuant to 28 U.S.C. § 2255 (DE 6). The Report recommends that the Court vacate
Mr. Langston’s conviction and sentence in Count 3 because he has met his burden of
showing that he is entitled to relief under § 2255 and United States v. Davis, 139 S. Ct.
2319 (2019). No objections to the Report were filed and the time to do so has passed.
Upon an independent review of the Report, the record, and applicable case law, it is
ORDERED AND ADJUDGED that:
1. The conclusions in the Report (DE 53) are AFFIRMED AND ADOPTED.
2. The amended motion (DE 6) is GRANTED IN PART AND DENIED IN PART.
3. Mr. Langston’s conviction and sentence in Count 3 is VACATED.
4. Mr. Langston shall be RESENTENCED as to Count 1 only. Separate order to
5. A certificate of appealability shall issue on “whether a movant prevails under Davis
when he pleads guilty only to an offense that is not a valid § 924(c) predicate and
the record indicates that the court based his § 924(c) conviction on only the invalid
predicate, but when the indictment alternatively predicates his § 924(c) charge on
an offense that is a valid § 924(c) predicate and the record indicates that he
committed that offense despite not pleading guilty to it.”
6. A certificate of appealability shall not issue on the remaining claims in Mr.
Langston’s amended motion.
7. All pending motions are DENIED AS MOOT.
8. The Clerk is directed to CLOSE this case.
DONE AND ORDERED in Chambers in Miami, Florida, this 15th day of
Federal Correctional Institution
2680 301 South
Jesup, GA 31599
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?