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)

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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 

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