Hogans v. USA

Filing 3

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that movants motion for reduction of sentence and modification of supervised release terms is DENIED, and this action is DISMISSED with prejudice. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. Judgment will be filed separately. Signed by District Judge Jean C. Hamilton on 7/19/16. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MARCELL HOGANS,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent,

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No. 4:16-CV-1058 JCH

MEMORANDUM AND ORDER
This matter is before the Court on Marcell Hogan’s motion for reduction of sentence and
modification of supervised release terms. The motion is denied.
To the extent that the motion can be construed as a motion to vacate under 28 U.S.C.
§ 2255, it must be denied as successive. Movant previously sought relief under § 2255, which
was denied. Hogans v. United States, No. 4:08-CV-1887 JCH. He does not have permission to
file a successive motion from the Court of Appeals. As a result, he is prohibited from bringing
this action under § 2255(h).
There are no other provisions of law that might entitle movant to relief. The Court
previously denied his motion for reduction of sentence under 18 U.S.C. § 3582 based on
Amendment 782 to the United States Sentencing Guidelines. United States v. Hogans, No. 4:07CR-650 JCH, Doc. No. 201.
Additionally, movant is not entitled to relief under Johnson v. United States, 135 S.Ct.
2551 (2015). Defendant was found to be a Career Offender based on prior convictions for
controlled substance offenses. The holding in Johnson did not impact the enhancement for

controlled substance convictions under Section 4B1.1 of the United States Sentencing
Guidelines.
Finally, movant has not met the burden for issuing a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that movant’s motion for reduction of sentence and
modification of supervised release terms is DENIED, and this action is DISMISSED with
prejudice.
IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability.
Judgment will be filed separately.
Dated this

19th

day of July, 2016.

\s\ Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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