Henderson v. USA - 2255

Filing 2

MEMORANDUM AND ORDER dismissing for lack of jurisdiction 1 Motion to Vacate (ECF#53 in Criminal Case No. CCB-07-0497); declining to issue a certificate of appealability; closing case. Signed by Chief Judge Catherine C. Blake on 12/23/2016. (c/m 12/27/16)(krs, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
BARRY HENDERSON
v.
UNITED STATES OF AMERICA

:
:
: CIVIL NO. CCB-14-1708
: Criminal No. CCB-07-0497
:
...o0o...

MEMORANDUM and ORDER
Federal prison inmate Barry Henderson filed a motion to vacate in May 2014 under 28
U.S.C. § 2255 seeking a sentence reduction under Descamps v. United States, 133 S. Ct. 2276
(2013). This is his third motion, and he has not obtained leave to file a successive petition from
the Fourth Circuit. Accordingly, this court has no jurisdiction to grant the relief he seeks. Nor
does it appear he would be entitled to relief under either Descamps¸ Whiteside v. United States,
775 F.3d 180 (4th Cir. 2014), or Johnson v. United States, 135 S. Ct. 2551 (2015), because he is
a career offender based on prior qualifying drug convictions.
It is therefore ORDERED that:
1. the motion to vacate (ECF No. 53) is Dismissed for lack of jurisdiction;
2. no certificate of appealability will issue;
3. the Clerk shall CLOSE Civil Case No. CCB-14-1708; and
4. the Clerk shall SEND a copy of this opinion to Barry Henderson and government
counsel.

December 23, 2016
Date

/S/
Catherine C. Blake
United States District Judge