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12-094 - USA v. ADAMS


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12-094 - USA v. ADAMS
June 5, 2017
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Entry Dismissing Motion to Vacate, Set Aside, or Correct Sentence and Denying a Certificate of Appealability - The petitioner, by counsel, filed a motion for relief pursuant to 28 U.S.C. § 2255 arguing that under Johnson v. United States, 135 S.Ct. 2551 (2015) and Welch v. United States, 136 S.Ct. 1257 (2016), his sentence was unconstitutionally enhanced and he must be resentenced. On March 13, 2017, petitioner's counsel was granted leave to withdraw and the petitioner was given a period of time to either voluntarily dismiss this action or to file a brief in support of his § 2255 motion which states the basis for his Johnson claim. That time has passed without a response from the petitioner. For the reasons stated in this Entry, the Court now dismisses this action pursuant to Rule 4 because the holdings in Clark and Armour foreclose the petitioner's challenge to his sentence. Judgment consistent with this Entry shall now issue and a copy of this Entry shall be docketed in No. 1:12-cr-94-JMS-MJD-1. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing § 2255 proceedings, and 28 U.S.C. § 2253(c), the Court finds that the petitioner has failed to show that reasonable jurists would find "it debatable whether the petition states a valid claim of the denial of a constitutional right." The Court therefore denies a certificate of appealability. (See Entry). Copy to Petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 6/5/2017.(APD)