Holland v. USA

Filing 2

MEMORANDUM AND ORDER re: 1 MOTION to Vacate, Set Aside or Correct Sentence filed by Petitioner Ashley L. Holland. IT IS HEREBY ORDERED that the motion to vacate is DENIED, and this action is DISMISSED. An Order of Dismissal will be filed separately. Signed by District Judge Stephen N. Limbaugh, Jr on 7/13/16. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
ASHLEY L. HOLLAND,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent,

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No. 1:16-CV-180 SNLJ

MEMORANDUM AND ORDER
Before the Court is movant’s pro se motion to vacate, set aside, or correct sentence
pursuant to 28 U.S.C. § 2255, which indicates that movant believes he may be eligible for relief
under the recent Supreme Court case of Johnson v. United States, 135 S.Ct. 2551 (2015).1 The
motion is denied.
In Johnson, the Court held the “residual clause” of the Armed Career Criminal Act (“the
ACCA”), 18 U.S.C. § 924(e)(2)(B)(ii), is unconstitutionally vague. The ACCA enhances the
punishment for firearms offenses under 18 U.S.C. § 922(g) when the defendant has at least three
prior convictions for a serious drug offense or a “violent felony.”
Defendant was not sentenced under the ACCA because he did not have three prior
convictions for violent felonies. As a result, Johnson has no application to his sentence, and he
is not entitled to relief.
Finally, movant has not met the burden for issuing a certificate of appealability because
he has not demonstrated “that jurists of reason would find it debatable whether the petition states

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Movant filed a letter with the Court asking whether he is entitled to relief under Johnson. For
the sake of justice, the Court construes the letter as a motion to vacate under § 2255.

a valid claim of the denial of a constitutional right.” Khaimov v. Crist, 297 F.3d 783, 785 (8th
Cir. 2002) (quotation omitted).
Accordingly,
IT IS HEREBY ORDERED that the motion to vacate is DENIED, and this action is
DISMISSED.
An Order of Dismissal will be filed separately.
Dated this 13th day of July, 2016.

STEPHN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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