Kenney v. USA - 2255

Filing 2

MEMORANDUM OPINION AND ORDER denying 136 MOTION to Vacate 2255 Johnson Resentencing (Criminal Action GJH 14-536); directing the Clerk to close this case. Signed by Judge George Jarrod Hazel on 1/10/2022. (mg3s, Deputy Clerk)

Case 8:16-cv-02246-GJH Document 2 Filed 01/10/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
Southern Division
EARL MICHAEL KENNEY

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Petitioner,

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v.

Civil Case No.: GJH-16-2246
Crim Case No.: GJH-14-536

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UNITED STATES OF AMERICA,
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Respondent.
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MEMORANDUM OPINION AND ORDER
On June 17, 2016, Petitioner filed a letter seeking review of his conviction to determine
whether he was entitled to relief pursuant to the Supreme Court’s decision in Johnson v. United
States, 135 S.Ct. 2251 (2015). ECF No. 136. Petitioner’s letter was docketed as a Motion to Vacate
and the Court issued an Order granting him 28 days to supplement his Motion. ECF No. 137. No
such supplement was received within that time frame.1 On this basis alone, Petitioner’s Motion
will be dismissed. Additionally, to the extent Petitioner’s Motion is based on the notion that his
conviction for bank robbery would not be sufficient to support his conviction pursuant to 18 U.S.C.
§ 924(c), the Motion would fail on substantive grounds as well. United States v. McNeal, 818 F.3d
141 at 157 (4th Cir. 2016) (holding that bank robbery is a crime of violence within the meaning of
the force clause of 18 U.S.C. § 924(c)).
Thus, it is hereby ORDERED, by the United States District Court for the District of
Maryland, that:
1. Petitioner’s Motion to Vacate, ECF No. 136, is DENIED; and

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Years later, Petitioner did submit additional letters seeking assistance with his claim. ECF Nos. 158, 159, 162.

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Case 8:16-cv-02246-GJH Document 2 Filed 01/10/22 Page 2 of 2

2. The Clerk shall close GJH-16-2246.

Date: January 10, 2022

__/s/________________________
GEORGE J. HAZEL
United States District Judge

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