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12-131 - United States of America v. Thompson et al


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12-131 - United States of America v. Thompson et al
March 31, 2015
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Memorandum of Opinion and Order as to Miguel McGhee: Defendant's Motion to Vacate Under Section 2255 is denied. Furthermore, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R.App.P. 22(b). Judge Patricia A. Gaughan on 3/31/15. (LC,S) re 129 Civil Case 1:14-cv-02437-PAG closed.
March 21, 2017
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Memorandum of Opinion and Order as to Curtis Bobbitt: Pending before the Court is petitioner's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Doc. 145). The motion is DENIED. Petitioner contends his sentence is unconstitutional in light of Johnson v. United States, _ U.S._, 135 S.Ct. 2551 (2015). Petitioner argues that his conviction under § 924(c) is unconstitutional because Johnson rendered the residual clause of § 924(c)(3) unconstitutionally vague. However, the Sixth Circuit has held in United States v. Taylor, 814 F.3d 340 (6th Cir. 2016), that the residual clause of § 924(c)(3) is distinct from the residual clause of the ACCA and, therefore, Johnson does not invalidate §924(c)(3)'s residual clause. See also In re Jeffrey Hampton, No. 16-3661 (6th Cir. Nov. 28, 2016) (Petition to file a second or successive § 2255 motion was denied because Johnson does not apply to a § 924(c) conviction.) Accordingly, petitioner's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence is DENIED. Furthermore, the Court certifies, pursuant to 28 U.S.C. §1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R.App.P. 22(b). Judge Patricia A. Gaughan on 3/21/17. (LC,S) Civil Case 1:16-cv-01683-PAG closed.