Mason v. United States Of America

Filing 17

ORDER ADOPTING re 11 Report and Recommendations denying Mason's 2255 petition. Petitioner is not entitled to a Certificate of Appealability, rendering moot any request for in forma pauperis status on appeal. Signed by Judge William T. Moore, Jr on 5/8/17. (loh)

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U.S. '. : - : s, 'I V. IN THE UNITED STATES DISTRICT COURT FOfi^ PM3:5t> THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION T ' PERRY DEAN MASON, Petitioner, CASE NOS. CV416-172 CR499-238 UNITED STATES OF AMERICA, Respondent. ORDER Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 11), to which objections have been filed (Doc. 16). In his objections. Petitioner contends that based on the Supreme Court's decision in Johnson v. United States, U.S. , 135 S. Ct. 2551 (2015), he no longer qualifies as a "career offender" under the Sentencing Guidelines. (Doc. 16 at 5-6.) In Johnson, the Court held that the Armed Career Criminal Act's residual clause was so vague as to violate due process. However, Johnson does not provide the relief Petitioner seeks. This Court sentenced Petitioner at a time when the Sentencing Guidelines were mandatory and included an identically worded residual clause. Petitioner argues that the mandatory nature of the Sentencing Guidelines entitles him to relief under Johnson. However, that is not the case. First, in Deckles United States, U.S. v. , 2017 WL 855781 (Mar. 6, 2017), the

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