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14-012 - USA v. WINES

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14-012 - USA v. WINES
May 8, 2018
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Order Denying Motion for Relief Pursuant to 28 U.S.C. § 2255, Denying Certificate of Appealability, and Directing Entry of Final Judgment - Petitioner Glen Robert Wines, Jr., commenced this 28 U.S.C. § 2255 action on June 21, 2016, following the United States Supreme Court's decision in Johnson v. United States, 135 S. Ct. 2551 (2015). Mr. Wines sought sentencing relief contending that his sentence, enhanced under the residual clause of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(B), as well as the residual clause of the United States Sentencing Guidelines, § 4B1.1, had been impermissibly increased because those clauses are unconstitutionally vague. Johnson addressed only the residual clause of the ACCA. Counsel was appointed to represent Mr. Wines and filed an amended brief in support of Section 2255 relief. Mr. Wines's arguments have no merit, and his motion for relief pursuant to 28 U.S.C. § 2255 is therefore denied. The Court denies a certificate of appealability. Final judgment consistent with this Order shall now enter. (See Entry). Copy to defendant via US Mail. Signed by Judge Jane Magnus-Stinson on 5/8/2018.(APD)