McGruder v. USA

Filing 2

MEMORANDUM AND ORDER, Petitioner Brady McGruder's Motion to Vacate, Set aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 1) is DENIED. This case is DISMISSED and the Court DIRECTS the Clerk of Court to enter judgment accordingly. The Court further DENIES a certificate of appealability. Signed by Judge J. Phil Gilbert on 6/26/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BRADY MCGRUDER,
Petitioner,
vs.

Case No. 17-cv-00649-JPG

UNITED STATES OF AMERICA,
Respondent.
MEMORANDUM AND ORDER
This matter comes before the Court on petitioner Brady McGruder's Motion to Vacate,
Set aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 1). The Government has not
filed a response and the time for doing so has not expired. However, the Court does not require a
response. For the following reasons, the Court denies Mr. McGruder’s motion.
1. Background.
On June 1, 2009, Petitioner pleaded guilty to one count of conspiracy to distribute heroin
and three counts of distribution of heroin pursuant to a plea agreement. See United States v.
McGruder, Case No. 08-cr-30254 (Doc. 78). Mr. McGruder was sentenced on September 1,
2009, to the custody of the Bureau of Prisons for 365 months; three years supervised release; a
$300 special assessment; and a $300 fine. (Doc. 118, 08-cr-30254).

Mr. McGruder was

determined to be a career offender under the meaning of U.S.S.G. § 4B1.11. However, he was
sentenced under U.S.D.G. 2D1.1 as offense level was higher. (Doc. 98, 08-cr-30254). Pursuant
to the plea agreement, Mr. McGruder did not appeal his conviction or sentence.

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2008 Guideline Manual.

2.

Standard.

The Court must grant a § 2255 motion when a defendant’s “sentence was imposed in
violation of the Constitution or laws of the United States.” 28 U.S.C. § 2255.

However,

“[h]abeas corpus relief under 28 U.S.C. § 2255 is reserved for extraordinary situations.” Prewitt
v. United States, 83 F.3d 812, 816 (7th Cir. 1996). “Relief under § 2255 is available only for
errors of constitutional or jurisdictional magnitude, or where the error represents a fundamental
defect which inherently results in a complete miscarriage of justice.” Kelly v. United States, 29
F.3d 1107, 1112 (7th Cir. 1994) (quotations omitted). It is proper to deny a § 2255 motion
without an evidentiary hearing if, “the motion and the files and records of the case conclusively
demonstrate that the prisoner is entitled to no relief.” 28 U.S.C. § 2255(b); see Sandoval v.
United States, 574 F.3d 847, 850 (7th Cir. 2009). No hearing is required in this matter.
3. Analysis.
Petitioner filed his § 2255 on June 22, 2017, arguing that his prior convictions should not
have qualified him as a career offender based on the recent Supreme Court decision in Mathis v.
United States, 136 S.Ct. 2243 (2016). Such an argument is moot. As stated earlier, Mr.
McGruder was sentenced under U.S.S.G. § 2D1.1 and not under the career offender guidelines of
U.S.S.G. § 4B1.1. Even if he could prevail under Mathis, his sentence range (at the time
sentence was imposed) would remain the same under U.S.S.G. § 2D1.1. As such, Mr. McGruder
is not entitled to receive any relief pursuant to Mathis or any other argument presented as it
relates to the career offender enhancement.
4. Certificate of Appealability.
Having denied Mr. McGruder’s motion, the Court must grant or deny a certificate of
appealability. See Rule 11(a) of the Rules Governing Section 2255 Proceedings for the United

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States District Courts; 28 U.S.C. § 2253(c). Section 2253(c)(2) provides that a certificate of
appealability may issue only if a petitioner has made a substantial showing of the denial of a
constitutional right. Mr. McGruder has made no such showing. Therefore, the Court denies a
certificate of appealability. Pursuant to Rule 11(a). Mr. McGruder may not appeal the denial of a
certificate of appealability, but he may seek a certificate from the Court of Appeals for the
Seventh Circuit.
5. Conclusion.
Petitioner Brady McGruder's Motion to Vacate, Set aside or Correct Sentence pursuant
to 28 U.S.C. § 2255 (Doc. 1) is DENIED. This case is DISMISSED and the Court DIRECTS
the Clerk of Court to enter judgment accordingly. The Court further DENIES a certificate of
appealability.
IT IS SO ORDERED.
DATED: 6/26/2017
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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