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)

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.