Harrington v. USA - 2255
Filing
2
MEMORANDUM OPINION and ORDER denying ECF 54 Motion to Vacate in criminal action no. 17-82-GJH; directing the clerk to close this case. Signed by Judge George Jarrod Hazel on 1/10/2022. (dg3s, Deputy Clerk)
Case 8:19-cv-01834-GJH Document 2 Filed 01/10/22 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
Southern Division
JOSEPH JAMES HARRINGTON
*
Petitioner,
*
v.
Civil Case No.: GJH-19-1834
Crim Case No.: GJH-17-82
*
UNITED STATES OF AMERICA,
*
Respondent.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
MEMORANDUM OPINION AND ORDER
On June 19, 2019, Petitioner filed a Pro-Se Motion Under 28 U.S.C. § 2255 to Vacate, Set
Aside, or Correct Sentence. ECF No. 54. In his Motion, Petitioner claims that the Court imposed
a procedurally unreasonable sentence by incorrectly including a particular conviction in his
criminal history and misclassifying him as a Career Offender. ECF No. 54 at 4; ECF No. 54-1. A
claim of sentencing error by the Court is not cognizable in the context of a § 2255 motion “unless
it amounts to a ‘fundamental defect which inherently results in a complete miscarriage of justice.’”
United States v. Foote, 784 F.3d 931, 936 (4th Cir. 2015) (citing Davis v. United States, 417 U.S.
333, 346 (1974)). Specifically, the Fourth Circuit has determined that an allegedly erroneous career
offender designation is not a fundamental defect that can be challenged on collateral review. Id. at
940. Thus, Petitioner’s claim that he was improperly enhanced for offenses that should have not
have triggered career offender guidelines is not cognizable on collateral review.
Additionally, Petitioner’s claim is procedurally defaulted as it could have been raised on
appeal and was not because it had been waived in his plea agreement. United States v. Linder, 552
1
Case 8:19-cv-01834-GJH Document 2 Filed 01/10/22 Page 2 of 2
F.3d 391, 397 (4th Cir. 2009) (finding that where claim had been dismissed on appeal as waived,
Petitioner could not circumvent the ruling by filing the same challenge in a § 2255 motion).
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. 54, is DENIED; and
2. The Clerk shall CLOSE GJH-19-1834.
Date: January 10, 2022
__/s/________________________
GEORGE J. HAZEL
United States District Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?