Taylor v. USA - 2255

Filing 2

MEMORANDUM OPINION. Signed by Chief Judge James K. Bredar on 12/14/2017. (kw2s, Deputy Clerk)

IN THE UNITE() STATES ()ISTRICT COURT
FOR THE ()ISTRICT OF MARYLAND
DAVON TAYLOR,

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Movant

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v.

CRIMINAL NO .. /KB-I3-0269
CIVIL NO .• /KB-16-236I

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UNITED STATES OF AMERICA,

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Respondent

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MEMORANDUM
Pcnding bcfore the Court

IS

Davon Taylor's motion to vacate pursuant to 28 U.S.C.

~ 2255. (Crim. No. 13-0269. ECF No. 248.) The motion is prcmised upon thc Suprcme Court's
ruling in Johnson \'. Uniled Siaies. 135 S. Ct. 2551 (2015). which held that the residual clause of
the Anncd Career Criminal Act ("ACCA ") was void for vagueness.

Ill. at 894. Movant asscrts

an entitlement to relief because the sentencing court detcrmined Movant was a carecr offender
under the advisory sentencing
provision

with wording

guidelines and those guidelincs included a carcer offender

identical

to the ACCA

provision

struck down in Johnson

unconstitutionally vague. Thc Supremc Coul1's more rcccnt dccision in Beckles

I'.

as

Uniled Siaies.

137 S. Ct. 886 (2017). held that the sentencing guidelines may not bc challengcd as void for
vagueness.

Ill. at 894. Accordingly. the instant motion is without merit and will be denied by

separate order.
A certificate of appealability

may issue only if the movant has made a substantial

showing of the denial of a constitutional

right.

28 U.S.c. ~ 2253(c)(2).

See also Slack \'.

McDaniel. 529 U.S. 473. 484 (2000). In order to satisfy ~ 2253( c). a movant must demonstrate
that reasonable jurists would find the district court's assessmcnt of the constitutional claims
debatable or wrong. !vliller-EI

I'.

Cockrell. 537 U.S, 322. 336-38 (2003) (citing Slack. 529 U.S.

at 484). Taylor has failed to make such a showing, and the Court declines to issue a certificate of
appealability.

DATED this

/1"

day of December, 2017.

BY THE COURT:

o_.w

t

,

James K. Bredar
Chief Judge

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a.t 4 ,

-'1~
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