Schulz v. United States of America

Filing 2

ORDER denying Motion to Vacate, Set Aside or Correct Sentence (2255); mailed to Andrew Charles Schulz #33095-177 LEWISBURG-USP P O Box 1000 Lewisburg, PA 17837. Signed by Honorable Robin J. Cauthron on 8/4/16. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
ANDREW CHARLES SCHULZ,
Defendant.

)
)
)
)
)
)
)
)
)

Case Number CR-06-171-C
CIV-16-500-C

MEMORANDUM OPINION AND ORDER
Defendant has filed a 28 U.S.C. § 2255 Motion seeking relief based upon the Supreme
Court’s recent ruling in Johnson v. United States, ___ U.S. ___, 135 S.Ct. 2551 (2015).
However, Johnson applies to persons who were sentenced pursuant to the residual clause of
the Armed Career Criminal Act (“ACCA”). Defendant’s sentence in this case is not in any
way connected to that portion of the statute. Rather, as Defendant’s counsel noted in his
briefing, Defendant’s sentence was based, in part, on two prior drug convictions, not the
residual clause of the ACCA. Thus, Johnson is inapplicable to Defendant’s case.
For the reasons set forth herein, Defendant’s Motion Under 28 U.S.C. § 2255 to
Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Dkt. No. 49) is
DENIED.
IT IS SO ORDERED this 4th day of August, 2016.