Synder v. USA

Filing 1

OPINION AND ORDER: The court DENIES Mr. Snyder's motion to vacate [Doc. No. 59 in 3:13-cr-32] and directs the Clerk to dismiss the associated civil case. Signed by Judge Robert L Miller, Jr on 12/2/2016. (cc: Snyder)(rmc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
ADAM SNYDER,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Cause No. 3:16-cv-522
(Arising from 3:13-cr-32)

OPINION AND ORDER
Adam Snyder asks that the court vacate his sentence under 28 U.S.C. §
2255 in response to the Supreme Court’s decision in Johnson v. United States,
135 S. Ct. 2551 (2015). The court must deny that motion.
Mr. Snyder challenges his sentence on grounds that it violates the
Constitution or laws of the United States. 28 U.S.C. § 2255(a). An evidentiary
hearing isn’t required if “the motion and files and records of the case conclusively
show that the petitioner is entitled to no relief.” 28 U.S.C. § 2255(b). The factual
and legal issues raised can be resolved on the record, so no hearing is necessary.
Mr. Snyder argues that the Supreme Court’s decision in Johnson v. United
States, 135 S. Ct. 2551 (2015) impacts his sentence. Johnson held that a portion
of the definition of “violent felony” in the Armed Career Criminal Act was
unconstitutional, which raised questions about the validity of similar language
throughout the law, such as the definition of “crime of violence” in the Sentencing
Guidelines. See United States v. Hurlburt, 835 F.3d 715 (7th Cir. 2016).

Nothing about Johnson impacts the validity of Mr. Snyder’s sentencing.
Mr. Snyder isn’t a violent felon, and no one ever argued that he was. His sentence
was never enhanced as a result of these categories. Mr. Snyder pleaded guilty to
violating 18 U.S.C. § 2252(a)(4)(B) and was sentenced based on factors related
to that alone.
Mr. Snyder’s sentence is thus valid. The court DENIES Mr. Snyder’s
motion to vacate [Doc. No. 59] and directs the Clerk to dismiss the associated
civil case.
SO ORDERED.
ENTERED: December 2, 2016
/s/ Robert L. Miller, Jr.
Judge
United States District Court

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