Chronister v. United States of America

Filing 2

ORDER re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Jessica Renee Chronister. Defendants Section 2255 Motion is hereby DENIED. Signed by Honorable David L. Russell on 5/26/16. (jw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA,
Plaintiff,
v.
JESSICA RENEE CHRONISTER,
Defendant.

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CR-13-33-R - CIV-16-541-R
CR-13-34-R - CIV-16-542-R
CR-13-194-R - CIV-16-543-R

ORDER
On May 23, 2016, Defendant filed a Motion Under 28 U.S.C. § 2255 to Vacate, Set
Aside or Correct Sentence in each of her three criminal cases. Therein she argues that she is
entitled to a sentence reduction pursuant to Johnson v. United States, --- U.S. ---, 135 S.Ct. 2551
(2015). Having reviewed the motion, the Court finds no basis therein for granting relief to Ms.
Chronister.
In Johnson the Supreme Court concluded that the residual clause of the Armed Career
Criminal Act, 18 U.S.C. § 924(e) is unconstitutional. Defendant, however, was not sentenced
pursuant to the Act nor was any provision of the United States Sentencing Guidelines that might
arguably be impacted by Johnson applied to her case. Accordingly, Defendant’s Section 2255
Motion is hereby DENIED.
IT IS SO ORDERED this 26th day of May, 2016.