Wiggins v. USA - 2255
Filing
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MEMORANDUM OPINION. Signed by Judge Richard D. Bennett on 9/19/2017. (kw2s, Deputy Clerk)
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
ANTHONY
WIGGINS,
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Petitioner,
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v.
UNITED
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STATES OF AMERICr\,
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Respondent.
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Civ. Action No. RDB-16-2117
Crim. Action No. WDQ-09-0649
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MEMORANDUM OPINION
On March 12, 2010, Petitioner
Anthony
Wiggins ("Petitioner"
or "Wiggins")
pled
guilty to Possession of a Firearm by a Convicted Felon, in violation of 18 U.S.C ~ 922(g)(1)
(ECF No. 17.) During Petitioner's
prior conviction
sentencing
hearing, this Court found that Petitioner's
for aggravated assault while armed qualified as a "crime of violence" under
United States Sentencing Guideline (U.S.S.G.) ~ 4B1.2.(a). As a result, Petitioner was deemed
a career offender and under U.S.S.G ~ 2K2.1(a)(4)(a) his sentencing offense level increased
by si.x. Petitioner was then sentenced
to a term of one-hundred
and twenty (120) months
imprisonment.
Five years later, the Supreme Court in johnson v. United States, _
U.S. _,
135 S. Ct.
2551 (2015) struck down the residual clause of the Armed Career Criminal Act (ACCA), 18
U.S.C
~ 924 (e)(2)(B)(ii) as unconstitutionally
Defender
(OFPD)
then filed a motion
vague. The Office
on behalf of Petitioner
arguing that because the "Career Offender"
of the Federal Public
under 28 U.S.C
~ 2255,
provision in the Sentencing Guidelines includes
1
,
the identical residual clause as that struck down in Johllsoll, it is also void for vagueness. (ECF
No. 36.)
In 2017, however, the Supreme Court held in Beckles v. UlIited States, _
S. Ct. 886 (2017) that the advisory guidelines
Subsequent
were not subject
U.S. _,
137
to Johllsoll challenges.
to that decision, the OFPD informed Petitioner that in light of Beckles it would
no longer be able to represent
him. On September
15, 2017, the OFPD
filed a ]\!otion to
Withdraw as Counsel (ECF No. 37), which this Court granted. (ECF No. 38.)
Pending
before
this Court is Petitioner's
Motion
U.S.c. ~ 2255. (ECF No. 36.) The parties' submissions
is necessary.
to Correct
Sentence
Under 28
have been reviewed, and no hearing
See Local Rule 105.6 (D. Md. 2016). For the reasons stated herein, Petitioner
Wiggins' Motion to Correct Sentence Under 28 U.S.c. ~ 2255 (ECF No. 36) is DENIED.
ANALYSIS
Petitioner's
while sentencing
only claim is that under Jol}1/soll, the residual clause that this Court applied
Petitioner
whether Petitioner's
is void for vagueness.
Therefore,
this Court must determine
aggravated assault while armed offense qualifies as a crime of violence
under the remaining "enumerated
As the OFPD
offenses" clause or "force" clause of U.S.S.G ~ 4B 1.2(a).
stated in its Motion to Withdraw
as Counsel, however, in light of
BeddeJ this argument is without merit. As the BeckleJ Court stated, "[b]ecause the advisory
Sentencing
Guidelines
are not subject to a due process vagueness
residual clause is not void for vagueness."
challenge, ~ 4B 1.2(a)'s
137 S. Ct. at 897. For this reason, Petitioner's
pending Motion to Vacate (ECF No. 36) is DENIED.
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CONCLUSION
For the reason stated above, Petitioner Wiggins' Motion to Correct Sentence Under
28 U.S.c. ~ 2255 (ECF No. 36) is DENIED.
Pursuant to Rule 11(a) of the Rules Governing
Proceedings
under 28 U.S.c. ~ 2255,
the court is required to issue or deny a certificate of appealability when it enters a final order
adverse to the applicant.
1\ certificate of appealability is a "jurisdictional
prerequisite"
to an
appeal from the court's earlier order. United StateJ v. Hadden, 475 F.3d 652, 659 (4th Cir.
2007). 1\ certificate of appealability may issue "only if the applicant has made a substantial
showing of the denial of a constitutional
denies petitioner's
that reasonable
debatable
right." 28 U.S.c. ~ 2253(c)(2). Where the court
motion on its merits, a petitioner satisfies this standard by demonstrating
jurists would
find the court's
assessment
of the constitutional
or wrong. See Slack v. McDaniel, 529 U.S. 473, 484 (2000); Jee a/Jo Miller-EI v.
Cockrell, 537 U.S. 322, 336-38 (2003).
Because reasonable jurists would not find Wiggins'
claims debatable, a certificate of appealability is DENIED.
1\ separate Order follows.
Dated:
claims
September 19, 2017
Richard D. Bennett
United States District Judge
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