Williams v. United States Of America
ORDER adopting 8 Report and Recommendations, dismissing inpart and denying 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, 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 to enter the appropriate judgment of dismissal. The Court denies Williams in forma pauperis status on appeal and a Certificate of Appealability. Signed by Chief Judge J. Randal Hall on 03/29/2018. (thb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
MARK DAMON WILLIAMS,
CIVIL ACTION NO.: 2:16-cv-98
(Case No.: 2:05-cr-44)
UNITED STATES OF AMERICA,
After an independent and de novo review of the entire record, the undersigned concurs
with the Magistrate Judge's Report and Recommendation, (doc. 8), to which Movant Mark
Williams ("Williams") filed Objections,(Doc. 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,("ACCA")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. First, these claims are untimely. Moreover, the claims are unavailing, as the
offenses were committed on occasions different from one another. Additionally, even 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. (Doc. 8, p. 12 & n.5.)
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 (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 informa pauperis status on appeal and a Certificate of Appealability.
SO ORDERED,this/^9^dav of March,2018.
J. RAND^HALL,CHIEF JUDGE
UNITED^TATES DISTRICT COURT
-SOUTffiRN DISTRICT OF GEORGIA
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