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

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