Brown v. USA

Filing 6

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the stay in this case is lifted. IT IS FURTHER ORDERED that the motion to vacate, set aside or correct sentence 1 is denied. IT IS FURTHER ORDERED that the Clerk of Court shall docket a copy of this Memorandum and Order in Browns Criminal Case No. 4:14CR129 CDP. A separate judgment in accord with this order is entered today. Signed by District Judge Catherine D. Perry on June 6, 2017. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LENNARD BROWN,
Movant,
vs.
UNITED STATES OF AMERICA,
Respondent

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Case No. 4:16 CV 1026 CDP

MEMORANDUM AND ORDER
In October of 2014 Lennard Brown pleaded guilty to being a felon in
possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He had a total
offense level of 23 and a criminal history category of IV, resulting in a sentencing
guidelines range of 70 to 87 months. I varied from the advisory guidelines range
and sentenced him to 48 months’ imprisonment. Case No. 4:14CR129 CDP.
After the United States Supreme Court decided Johnson v. United States,
135 S.Ct. 2551 (2015), Brown filed a Motion to Correct Sentence Under 28 U.S.C.
§ 2255, arguing that under Johnson his base offense level under U.S.S.G. § 2K2.1
should have been lower because, he argued, one of his prior convictions should no
longer be considered a crime of violence under the sentencing guidelines. His base
offense level had been calculated as a 24 under 2K2.1(a)(2), because he committed

the instant offense after sustaining at least two felony convictions for a crime of
violence, specifically, Burglary Second Degree and Residential Burglary.
In Johnson the Supreme Court held that the “residual clause” of the Armed
Career Criminal Act was unconstitutionally vague, and Brown argues that the same
analysis should apply to U.S.S.G. § 2K2.1, so that his Burglary Second Degree
conviction should no longer be considered a crime of violence. Johnson was not a
sentencing guidelines case but was a constitutional void for vagueness challenge to
the Armed Career Criminal Act. After Johnson was decided, and after Brown filed
this motion, the Supreme Court decided Beckles v. United States, 137 S.Ct. 886
(2017), and held that the United States Sentencing Guidelines could not be
challenged on void for vagueness grounds.
I previously stayed this case pending the decision in Beckles. Given that
Beckles has now been decided and makes it clear that Brown has no basis for relief
under Johnson, I will lift the stay and deny the Motion to Vacate.
Accordingly,
IT IS HEREBY ORDERED that the stay in this case is lifted.
IT IS FURTHER ORDERED that the motion to vacate, set aside or correct
sentence [1] is denied.
IT IS FURTHER ORDERED that the Clerk of Court shall docket a copy
of this Memorandum and Order in Brown’s Criminal Case No. 4:14CR129 CDP.
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A separate judgment in accord with this order is entered today.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 6th day of June, 2017.

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