Chavez v. United States of America
Filing
13
MEMORANDUM OPINION AND ORDER by District Judge James O. Browning DISMISSING with prejudice 1 Motion to Vacate/Set Aside/Correct Sentence (2255 under Johnson v. USA). (kg)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
UNITED STATES OF AMERICA,
Plaintiff/Respondent,
vs.
Nos. CIV 16-0694 JB/SMV
CR 14-0423 JB
RONALD LEWIS CHAVEZ,
Defendant/Movant.
MEMORANDUM OPINION AND ORDER OF DISMISSAL OF MOTION TO
CORRECT SENTENCE PURSUANT TO 28 U.S.C. § 2255
THIS MATTER comes before the Court, under rule 4 of the Rules Governing Section
2255 Proceedings, on the Defendant/Movant’s Motion to Vacate Judgment Under 28 U.S.C. §
2255, filed June 24, 2016 (CIV Doc. 1; CR Doc. 54)(“§ 2255 Motion”). In his § 2255 Motion,
Defendant/Movant Ronald Lewis Chavez asserts that he improperly received an enhanced
sentence as a career offender under the United States Sentencing Guidelines, because the residual
clause of U.S.S.G. § 4B1.2 is unconstitutionally vague under the reasoning in Johnson v. United
States, 576 U.S. ___, 135 S.Ct. 2551 (2015).
In Beckles v. United States, 580 U.S. ___, No. 15-8544, slip op (March 6, 2017), the
Supreme Court of the United States of America held that the United States Sentencing
Guidelines are not subject to a void-for-vagueness challenge. See 580 U.S. ___, No. 15-8544,
slip op at 5. Pursuant to the Court’s Order Lifting Stay and Directing the Parties to Confer and
File a Joint Statement in Light of Beckles, filed March 14, 2017 (CIV Doc. 11; CR Doc. 64), the
parties have filed a Joint Statement, filed March 31, 2017 (CIV Doc. 12; CR Doc. 65), that the
ruling in Beckles v. United States is dispositive of all issues that Chavez’ § 2255 Motion raises
and that the Court should dismiss his § 2255 proceeding with prejudice. Chavez is not entitled to
relief and the Court will dismiss his § 2255 Motion under rule 4 of the Rules Governing Section
2255 Proceedings.
IT IS ORDERED that the Defendant/Movant’s Motion to Vacate Judgment Under 28
U.S.C. § 2255, filed June 24, 2016 (CIV Doc. 1; CR Doc. 54), is dismissed with prejudice.
________________________________
UNITED STATES DISTRICT JUDGE
Counsel:
Damon P. Martinez
United States Attorney
Holland S. Kastrin
Jack Burkhead
Assistant United States Attorneys
United States Attorney’s Office
Albuquerque, New Mexico
Attorneys for the Plaintiff/Respondent
Marc Grano
Grano Law Offices
Las Vegas, New Mexico
Attorneys for the Defendant/Movant
-2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?