Harrison v. USA - 2255

Filing 2

MEMORANDUM OPINION. Signed by Judge Catherine C. Blake on 12/5/2017. (kw2s, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
STANLEY HARRISON
v.
UNITED STATES OF AMERICA

:
:
: CIVIL NO. CCB-16-2419
: Criminal No. CCB-06-0478
:
...o0o...
MEMORANDUM

Federal prison inmate Stanley Harrison has filed a motion to correct sentence under 28
U.S.C. § 2255 (ECF No. 380) and an amended motion (ECF No. 387). The government has
responded by a motion to dismiss (ECF No. 394). Harrison’s motions must be denied.1
Harrison was sentenced as a career offender following his guilty plea to conspiracy to
distribute heroin. His career offender guideline resulted from three prior serious drug offenses,
not crimes of violence. Because he did not challenge his career offender status at sentencing or
on his direct appeal, the claim is procedurally barred. To the extent he relies on Johnson v.
United States, 135 S. Ct. 2551 (2015), he cannot prevail because Johnson did not apply to the
definition of predicate drug offenses or to career offender sentences under the advisory
guidelines. Beckles v. United States, 137 S. Ct. 886, 892-95 (2017).
Finally, Harrison’s claim is time-barred, because it was filed more than one year after his
direct appeal concluded. While Johnson announced a new law permitting an additional year to
file a claim under 28 U.S.C. § 2255(f)(3), Mathis v. U.S., 136 S. Ct. 2243 (2016) did not.
Accordingly, it would be futile to permit Harrison to amend his motion to vacate.

1

Harrison was sentenced by Senior Judge J. Frederick Motz, who is no longer hearing cases This case has been
transferred to me for decision.

No certificate of appealability will be granted. A separate order follows.

December 5, 2017
Date

/s/
Catherine C. Blake
United States District Judge