Scott v USA - 2255

Filing 2

MEMORANDUM. Signed by Chief Judge Catherine C. Blake on 5/3/2017. (c/m 5/3/17 jnls, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CRAIG SCOTT v. UNITED STATES OF AMERICA : : : CIVIL NO. CCB-16-2042 : Criminal No. CCB-95-0202 : ...o0o... MEMORANDUM Federal prison inmate Craig Scott has filed a petition under 28 U.S.C. § 2255 seeking to vacate his convictions under 18 U.S.C. § 924(c) for use of a firearm in connection with a crime of violence, specifically armed bank robbery. He relies on the Supreme Court’s decision in Johnson v. United States, 135 S. Ct. 2551 (2015). The Fourth Circuit granted his request to file a successive § 2255 as to the Johnson issue only. Scott’s petition must be denied. The Fourth Circuit has held that a bank robbery conviction under 18 U.S.C. § 2113(a) is a crime of violence. United States v. McNeal, 818 F.3d 141, 153 (4th Cir. 2016). Accordingly, the petition will be denied by a separate Order which follows. No certificate of appealability will be issued.1 May 3, 2017 Date 1 /S/ Catherine C. Blake United States District Judge Scott is free to seek a certificate of appealability from the Fourth Circuit.

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