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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IN THE UNITED STATES DISTRICT COURT FOfi^
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THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
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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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