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15-077 - USA v. Selvidge


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15-077 - USA v. Selvidge
March 15, 2017
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ORDER as to Michael Aaron Selvidge re 26 MOTION to Vacate under 28 U.S.C. 2255. On March 6, 2016, the Supreme Court held that the United States Sentencing Guidelines are not amendable to vagueness challenges. Beckles v. United States, No. 15-8544, 2017 WL 855781, at *7 (U.S. March 6, 2017). Because the Johnson decision does not undermine sentences based on Guideline enhancements, the Court believes summary denial of the above petitions with prejudice might be appropriate. To the extent that the parties disagree, the Court affords the following notice: the parties should file any motion that they want the Court to consider in conjunction with, or prior to, ruling on these petitions on or before April 1, 2017. The deadline for responses is April 15, 2017. Absent such a motion, the Court may summarily dismiss the above cases. Signed by Chief District Judge Thomas A Varlan on March 15, 2017. (JAN, )(cm pro se)
April 26, 2017
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MEMORANDUM OPINION as to Michael Aaron Selvidge: Petitioner's pro se request for an evidentiary hearing [Doc. 34] will be DENIED, the United States' motion to deny and dismiss [Doc. 36] will be GRANTED, and Petitioner's pro se § 2255 motion [Doc. 26] will be DENIED and DISMISSED WITH PREJUDICE. The Court will CERTIFY any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, this Court will DENY Petitioner leave to proceed in forma pauperis on appeal. Petitioner having failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability SHALL NOT ISSUE. Signed by Chief District Judge Thomas A Varlan on April 26, 2017. c/m (AYB)
April 26, 2017
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JUDGMENT ORDER as to Michael Aaron Selvidge (1), entered by the Clerk, that Petitioner's pro se request for an evidentiary hearing [Doc. 34] is DENIED, the United States' motion to deny and dismiss [Doc. 36] is GRANTED, and Petitioner's pro se § 2255 motion [Doc. 26] is DENIED and DISMISSED WITH PREJUDICE. If Petitioner files a notice of appeal from this judgment, such notice of appeal will be treated as an application for a certificate of appealability, which is DENIED pursuant to 28 U.S.C. § 2253(c)(2) and Fed. R. App. P. 22(b) because he has failed to make a substantial showing of the denial of a federal constitutional right. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24 that any such appeal from this judgment would be frivolous and not taken in good faith. Signed by Chief District Judge Thomas A Varlan on April 26, 2017. c/m (AYB) Civil Case 3:16-cv-00676-TAV closed.