Ferguson v. USA

Filing 2

Judge George A. OToole, Jr: ORDER entered. (Lyness, Paul)

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CRIMINAL ACTION NO. 07-10314-GAO NORMAN FERGUSON, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ORDER June 1, 2012 O’TOOLE, D.J. The petitioner, Norman Ferguson, pled guilty to possession of a firearm in violation of 18 U.S.C. § 922(g) and was sentenced to eighty-four months in prison. His subsequent appeal of his sentence was unsuccessful. He has now moved to vacate his sentence pursuant to 28 U.S.C. § 2255. The petitioner argues that this Court lacked jurisdiction over his criminal case because, he asserts, the United States government did not suffer a particularized injury and therefore lacked standing to bring a lawsuit against him. The petitioner is incorrect. A violation of a federal criminal law is an injury to the sovereignty of the government sufficient to support a lawsuit brought by the government. See Vt. Agency of Natural Res. v. U.S. ex rel. Stevens, 529 U.S. 765, 771 (2000). Here, the petitioner admittedly violated a federal criminal law, and the government therefore had standing to prosecute him. The petitioner’s motion (dkt. no. 41) to vacate his sentence is DENIED. Because the petitioner has not “made a substantial showing of the denial of a constitutional right,” see 28 U.S.C. § 2253(c)(2), no certificate of appealability shall issue. It is SO ORDERED. /s/ George A. O’Toole, Jr. United States District Judge 2

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