Johnson v. USA
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that movant's motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 is DENIED, and this action is DISMISSED. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. An Order of Dismissal will be issued forthwith. Signed by District Judge Stephen N. Limbaugh, Jr on 1/19/2017. (JMC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
JAMES O. JOHNSON,
UNITED STATES OF AMERICA,
No. 1:17-CV-8 SNLJ
MEMORANDUM AND ORDER
James Johnson moves the Court to vacate, set aside, or correct sentence under 28 U.S.C.
§ 2255. The motion is denied. See 28 U.S.C. § 2255 Rule 4.
Movant pled guilty to felon in possession of a firearm, and the Court sentenced him to
thirty months’ imprisonment. United States v. Johnson, No. 1:16-CR-8 SNLJ. Movant did not
In the instant motion, movant argues that his counsel was ineffective for failing to argue
during the sentencing hearing that his exemplary conduct during pretrial release warranted a
downward departure. He asserts that he complied with all of the conditions required of him by
the U.S. Probation and Pretrial Services, including avoiding using illegal substances. He says
counsel was also aware that he self-surrendered to the Bureau of Prisons. He believes that if
counsel had argued for a downward departure, the Court would have given him a reduced
Title 28 U.S.C. § 2255 provides relief for inmates
claiming the right to be released upon the ground that the sentence was imposed
in violation of the Constitution or laws of the United States, or that the court was
without jurisdiction to impose such sentence, or that the sentence was in excess of
the maximum authorized by law, or is otherwise subject to collateral attack . . .
Movant is not seeking relief on any of these grounds. The fact that he complied with the
law during pretrial release was merely the completion of his duty to the Court. His counsel was
not ineffective for failing to argue that he should have received a downward departure on this
ground. As a result, he is not entitled to habeas relief.
Finally, movant has failed to demonstrate that jurists of reason would find it debatable
whether he is entitled to relief. Thus, the Court will not issue a certificate of appealability. 28
U.S.C. § 2253(c).
IT IS HEREBY ORDERED that movant’s motion to vacate, set aside, or correct
sentence under 28 U.S.C. § 2255 is DENIED, and this action is DISMISSED.
IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability.
An Order of Dismissal will be issued forthwith.
Dated this 19th day of January, 2017.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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