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09-105 - USA v. Ballinger


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09-105 - USA v. Ballinger
January 27, 2017
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MEMORANDUM OPINION as to Daniel C Ballinger. For the reasons discussed above, the Court holds that petitioner's sentencing was not in violation of the constitution or laws of the United States and his original and amended motions to vacate, set aside or correct his sentence [Docs. 54, 60, 63] will be DENIED. Further, because Petitioner has failed to establish that retroactive application of the Johnson decision would affect the propriety of his career offender enhancement, the United States's motion for stay of the petition pending the Beckles decision [Doc. 64] will be DENIED as well. Because petitioner has failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. Signed by District Judge J Ronnie Greer on 01/27/2017. (C/M to pro se filer) (AMP)
February 15, 2018
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MEMORANDUM OPINION AND ORDER as to Daniel C Ballinger. denying 73 MOTION to Reduce Sentence - USSC Amendment, Denying as Moot 79 MOTION to Proceed In Forma Pauperis filed by Daniel C Ballinger. Denying 77 MOTION to Amend/Revise 73 MOTION to Reduce Sentence - USSC Amendment filed by Daniel C Ballinger. Denying as Moot 78 MOTION to Appoint Counsel filed by Daniel C Ballinger. See Order for details. Signed by District Judge J Ronnie Greer on 2/15/2018. (copy mailed to Daniel Ballinger). (LMC)