Barnes v. USA

Filing 2

OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motion to vacate is DENIED, and this action is DISMISSED. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. Signed by District Judge Henry Edward Autrey on 8/15/16. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JAMES E. BARNES,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent,

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No. 4:16CV1288 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on movant’s motion for relief under Johnson v. United
States, 135 S.Ct. 2551 (2015). The motion is denied.
In Johnson, the Court held that 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.” The term “violent
felony” is defined in the ACCA as felony offense that “(1) has as an element the use, attempted
use, or threatened use of physical force against the person of another, or (ii) is burglary, arson, or
extortion, involves the use of explosives, or otherwise involves conduct that presents a serious
potential risk of physical injury to another.” 18 U.S.C. § 924(e)(B) (emphasis added). The
“otherwise involves” language of the ACCA is the residual clause that the Supreme Court found
unconstitutional. Johnson, 135 S.Ct. at 2563.
In this case, movant pled guilty to conspiracy to distribute and possession with intent to
distribute crack cocaine, and the Court sentenced him to 94 months’ imprisonment. United
States v. Barnes, 4:12-CR-184 HEA (E.D. Mo.). Movant was found to be a Career Offender

under U.S.S.G. § 4B1.1 because he had at least two prior convictions for controlled substance
offenses.
In Johnson, the Supreme Court left intact the ACCA’s enhanced penalty where the
defendant’s predicate offenses involved the distribution of or the possession with intent to
distribute a controlled substance.

Because movant’s status as a career offender was not

predicated on a prior conviction for a crime of violence, the residual clause of U.S.S.G.
§ 4B1.2(a) is not implicated and he is not entitled to relief under Johnson.
Finally, movant has not met the burden for issuing a certificate of appealability.
Accordingly,
IT IS HEREBY ORDERED that the motion to vacate is DENIED, and this action is
DISMISSED.
IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability.
Dated this 15th day of August, 2016

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HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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