Morelock v. USA

Filing 12

ORDER. Respondent's Request to Lift Stay and Deny Pending 28 U.S.C. § 2255 Motions on the Merits is granted (Doc. #11). Petitioner's Motions to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 (Docs. #1, 5) are denied. The Court declines to issue a Certificate of Appealability as to Shannon R. Morelock (1). (Related Criminal Case No. 08-3030-01-CR-W-ODS.) Signed on 5/3/17 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
SHANNON R. MORELOCK,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 16-3230-CV-S-ODS
Crim. No. 08-3030-01-CR-W-ODS

ORDER
Pending are Petitioner’s Motions to Vacate, Set Aside, or Correct Sentence
Pursuant to 28 U.S.C. § 2255 (Docs. #1, 5), and Respondent’s Opposition to Motions
under 28 U.S.C. § 2255 and Request to Lift Stay (Doc. #11). Petitioner has not
responded to Respondent’s filing, and the time for doing so has passed.
Petitioner argues his sentence should be vacated, set aside, or corrected
because he was denied due process when he was sentenced pursuant to the Court’s
finding that he was a career offender under the United States Sentencing Guidelines.
Petitioner argues the Supreme Court’s ruling in Johnson v. United States, 135 S. Ct.
2551 (2015), wherein the Supreme Court held the residual clause of the Armed Criminal
Career Act (“ACCA”) was unconstitutionally vague, should apply to the career offender
provision in the Sentencing Guidelines. Petitioner requested and was granted a stay
pending the Supreme Court’s decision in Beckles v. United States. Docs. #6, 9.
On March 6, 2017, the Supreme Court found “the Sentencing Guidelines are not
subject to a vagueness challenge under the Due Process Clause and that § 4B1.2(a)’s
residual clause is not void for vagueness.” Beckles v. United States, 137 S. Ct. 886,
895 (2017). Now that Beckles has been decided, the stay in this matter is lifted.
Pursuant to Beckles, Respondent asks the Court to deny Petitioner’s motions to
vacate, set aside, or correct his sentence. The sole argument in Petitioner’s motions to
vacate, set aside, or correct his sentence is rendered meritless due to Beckles.
Petitioner so admitted in his motion to stay. Doc. #6, at 2 (stating “[i]f Beckles holds that
Johnson is not retroactively applicable to guidelines cases on collateral review,

movant’s case would necessarily be terminated.”). Pursuant to Beckles, Petitioner’s
motions to vacate, set aside, or correct his sentence are denied. Because Petitioner
made no substantial showing of the denial of a constitutional right, the Court will not
issue a certificate of appealability.
Based upon the foregoing, the following is ordered:
(1)

Respondent’s Request to Lift Stay and Deny Pending 28 U.S.C. § 2255

Motions on the Merits is granted (Doc. #11);
(2)

Petitioner’s Motions to Vacate, Set Aside, or Correct Sentence Pursuant to

28 U.S.C. § 2255 (Docs. #1, 5) are denied; and
(3)

The Court declines to issue a Certificate of Appealability.

IT IS SO ORDERED.
/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT

DATE: May 3, 2017

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