Hollywood v. USA

Filing 10

MEMORANDUM AND ORDER re: 1 MOTION to Vacate, Set Aside or Correct Sentence filed by Petitioner Charles Lazone Hollywood. IT IS HEREBY ORDERED that movant's motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 is DENIED. An Order of Dismissal will be filed separately. Signed by District Judge Stephen N. Limbaugh, Jr on 3/23/16. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
CHARLES LAZONE HOLLYWOOD,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent,

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No. 1:15CV223 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on Charles Hollywood’s motion to vacate, set aside, or
correct sentence under 28 U.S.C. § 2255. The motion is denied.
Movant pled guilty to distribution of five or more grams of cocaine base. United States v.
Hollywood, 1:08CR153 SNLJ (E.D. Mo.). On November 6, 2009, the Court sentenced him to
144 months’ imprisonment. His sentence was enhanced under Section 4B1.1 of the United
States Sentencing Guidelines because he had at least two prior felonies that qualified him for
Career Offender status.
Movant seeks to reduce his sentence pursuant to Johnson v. United States, 135 S.Ct. 2551
(2015). In Johnson, the Court held that imposing an increased sentence under the residual clause
of the Armed Career Criminal Act (ACCA) violates the Constitution’s guarantee of due process.
Id. at 2557. Because he was not sentenced as an Armed Career Criminal, the holding in Johnson
does not entitle him to relief. Moreover, he had two prior convictions for second-degree assault,
both of which involved his attempt to cause serious physical harm against another by means of a
dangerous weapon. As a result, the motion is denied.

Finally, movant has failed to make a substantial showing of the denial of a constitutional
right, which requires a demonstration “that jurists of reason would find it debatable whether the
petition states a valid claim of the denial of a constitutional right.” Khaimov v. Crist, 297 F.3d
783, 785 (8th Cir. 2002) (quotation omitted). Thus, the Court will not issue a certificate of
appealability. 28 U.S.C. § 2253(c).
Accordingly,
IT IS HEREBY ORDERED that movant’s motion to vacate, set aside, or correct
sentence under 28 U.S.C. § 2255 is DENIED.
An Order of Dismissal will be filed separately.
Dated this 23rd day of March, 2016.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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