Williams v. USA

Filing 6

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Williams's Johnson claim is DENIED AND DISMISSED. IT IS FURTHER ORDERED that counsels motion to withdraw [Doc. # 5 ] is GRANTED. The Court will issue a separate Case Management Order simultaneously with this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 12/18/2015. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LAWRENCE EDWARD WILLIAMS,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent,

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No. 4:15CV1651 AGF

MEMORANDUM AND ORDER
Lawrence Williams moves the Court to modify his sentence under 28 U.S.C. § 2255. He
bases his motion, in part, under Johnson v. United States, 135 S.Ct. 2551 (2015). Johnson,
however, does not apply to movant’s claims for relief under § 2255 because he was not
sentenced under the Armed Career Criminal Act (the “ACCA”), 18 U.S.C. § 924(e)(2)(B)(ii).
As such, the Court will dismiss movant’s Johnson claim and will order the government to
respond to movant’s remaining claims. See 28 U.S.C. § 2255, Rule 4.1
In Johnson, the Court found that the “residual clause” of the ACCA was void for
vagueness. Defendants sentenced under the ACCA face a mandatory minimum of fifteen years
under 18 U.S.C. § 924(e)(1).
Although Williams was convicted of being a felon in possession of a firearm, he was not
sentenced under the ACCA. Williams was convicted of violating 18 U.S.C. § 922(g)(1) and was
sentenced to 66 months’ imprisonment. United States v. Williams, 4:13CR128 AGF (E.D. Mo.).
Under § 2K2.1 of the United States Sentencing Guidelines, he was given an enhancement
because he had “sustain[ed] one [prior] felony conviction of either a crime of violence or a
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The Court will grant the Federal Public Defender’s request to withdraw from its representation
of movant because Johnson does not apply to movant’s claims for relief.

controlled substance offense.” The enhancement was predicated on a 1992 Missouri first degree
robbery conviction. In that case, Williams forcibly stole two automobiles, money, and a purse,
and in the course thereof, he displayed a sawed-off shotgun. Id. The conviction qualifies as a
crime of violence. As a result, Williams is not entitled to relief under Johnson.
Accordingly,
IT IS HEREBY ORDERED that Williams’s Johnson claim is DENIED AND
DISMISSED.
IT IS FURTHER ORDERED that counsel’s motion to withdraw [Doc. #5] is
GRANTED.
The Court will issue a separate Case Management Order simultaneously with this
Memorandum and Order.
Dated this 18th day of December, 2015.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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