Williams v. United States Of America

Filing 12

ORDER ADOPTING the Magistrate Judge's 8 Report and Recommendation as the opinion of the Court. The Court DISMISSES in part and DENIES in part Williams' 28 U.S.C. § 2255 Motion to Vacate, Set Aside, or Correct his Sentence. The Cou rt DISMISSES as untimely Williams' claims that are not based on Johnson v. United States, U.S., 135 S. Ct. 2551 (June 26, 2015), and DENIES Williams' Johnson-based claims on the merits. The Court DIRECTS the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal. The Court DENIES Williams in forma pauperis status on appeal and a Certificate of Appealability. Signed by Judge Lisa G. Wood on 3/9/2018. (csr)

Ifn

tKnitetr ^tatess IBtsitrtct Court

:lfor t|ie

I9ts(trtct ot (f^eorsta
Prunotoick Btlitsiton

MARK DAMON WILLIAMS,
Movant,

CIVIL ACTION NO.: 2:16-cv-98

V.

UNITED STATES OF AMERICA,

(Case No.: 2:05-cr-44)

Respondent.

ORDER

After an independent and de novo review of the entire

record, the undersigned concurs with the Magistrate Judge's
Report and Recommendation, dkt. no.

8, to which Movant Mark

Williams UWilliams") filed Objections, dkt. no. 10.

In his

Objections, Williams largely repeats portions of the Magistrate
Judge's analysis verbatim.

To the extent Williams has made

assertions independent of the Magistrate Judge's Report and
Recommendation,

the Court addresses Williams'

assertions.

Specifically, Williams contends his two (2) September 15, 1997,
possession with intent to distribute convictions should count as

a single predicate offense for purposes of the Armed Career

Criminal Act,

A0 72A

(Rev. 8/82)

UACCA") 18 U.S.C. § 924(e).

Id. at pp. 10-12.

However, as the Magistrate Judge correctly noted, these claims
are due to be rejected for several reasons.

are untimely.

First,

these claims

Moreover, the claims are unavailing, as the

offenses were committed on occasions different

from one another.

Additionally, ven if these two convictions could be considered

as one conviction for purposes of the ACCA,

Williams would still

have the requisite predicate offenses under the ACCA.

8, p. 12 & n.5.

Dkt. No.

Accordingly, Williams was properly sentenced

under the ACCA, and his assertions to the contrary are without
merit.

Thus, the Court OVERRULES Williams' Objections and ADOPTS

the Magistrate Judge's Report and Recommendation as the opinion

of the Court.

The Court DISMISSES in part and DENIES in part

Williams' 28 U.S.C. § 2255 Motion to Vacate, Set Aside, or

Correct his Sentence.

The Court DISMISSES as untimely Williams'

claims that are not based on Johnson v. United States,
/ 135 S. Ct. 2551

U.S.

(June 26, 2015), and DENIES Williams'

Johnson-based claims on the merits.

The Court DIRECTS the Clerk

of Court to CLOSE this case and to enter the appropriate
judgment of dismissal.

The Court DENIES Williams in forma

pauperis status on appeal and a Certificate of Appealability.
SO ORDERED,

this

,

A GODBEY WOOD,
STATES

DISTRICT

DISTRICT

AO 72A

(Rev. 8/82)

OF

JUDGE
COURT

GEORGIA

2018