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16-1661 - PEREZ-SILVA v. USA

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16-1661 - PEREZ-SILVA v. USA
April 19, 2018
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Entry Denying Motion to Vacate, Set Aside, or Correct Sentence and Denying a Certificate of Appealability - Petitioner Perez-Silva's enhancement under the then-mandatory sentencing guidelines was not based on a finding that he had committed a crime of violence. Instead his sentence was enhanced based on his three convictions for the sale of a controlled substance. Unfortunately for Perez-Silva, under these circumstances the holding in Johnson does not provide him any relief. His motion for relief pursuant to 28 U.S.C. ยง 2255 is denied. Judgment consistent with this Entry shall now issue and a copy of this Entry shall be docketed in 1:02-cr-0054-TWP-TAB-1. The Court therefore denies a certificate of appealability. (See Entry.) Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 4/19/2018.(NAD)