United States District Court, D. Maryland
L. Hollander, United States District Judge.
December 19, 2012, Michael Jackson, Petitioner, entered a
plea of guilty to Count One of an Indictment charging him
with possession with intent to distribute heroin, in
violation of 21 U.S.C. § 841(a)(1). ECF 21; ECF 22 (Plea
Agreement). In particular, the plea was entered under Rule
11(c)(1)(C), in which the parties jointly agreed to a
sentence ranging between 84 to 120 months of imprisonment.
ECF 22, ¶ 8. The parties also agreed that defendant
qualified as a Career Offender. Id. ¶6B.
See U.S.S.G. § 4B1.1.
Presentence Report (“PSR”) was prepared. ECF 25.
The PSR reflects that Jackson qualified as a Career Offender,
based on a criminal history that included prior convictions
in Maryland for first degree assault, three distinct
convictions for second degree assault, as well as first
degree burglary. Id. ¶¶ 22, 29, 31, 33,
35, 37. Sentencing was held on June 12, 2013. ECF 3. The
Court determined that Jackson was a Career Offender, with a
final offense level of 29 and a Criminal History Category VI.
ECF 34 at 1. Therefore, the applicable advisory sentencing
guidelines range called for a sentence of 151 to 188 months.
In accordance with the C plea, however, the Court sentenced
the defendant to 108 months' of imprisonment. ECF 33
6, 2016, the Federal Public Defender (“FPD”)
filed a Motion to Correct Sentence Under 28 U.S.C. §
2255, based on Johnson v. United States, U.S., 135
S.Ct. 2551 (2015). ECF 36 (“Motion”). In
Johnson, the Supreme Court struck down the residual
clause of the Armed Career Criminal Act, 18 U.S.C. §
924(e)(2)(B)(ii), ruling that the definition of a
“violent felony” was unconstitutionally vague.
135 S.Ct. at 2555-57; see also United States v.
Winston, 850 F.3d 667, 680 (4th Cir. 2017) (explaining
Johnson). Relying on Johnson, the FPD
argued that Petitioner no longer qualified as a Career
Offender because Jackson's prior convictions do not
constitute crimes of violence. ECF 36 at 1.
March 6, 2017, the Supreme Court decided Beckles v.
United States, ___U.S. ___, 137 S.Ct. 886
(2017). In Beckles, the Court determined that the
advisory sentencing guidelines are not subject to
to Beckles, on August 18, 2017, the FPD asked
Petitioner whether he wanted to withdraw his motions. ECF 37
at 2, 3. Petitioner was also advised that the FPD intended to
submit a request to withdraw as counsel and, if granted,
Petitioner would be proceeding without counsel. Id.
at 3. Petitioner did not respond to the FPD. Id. at
2. On September 18, 2017, the FPD filed a Motion to Withdraw
as Counsel (ECF 37), which this Court granted. ECF 38.
before this Court is Petitioner's Motion under 28 U.S.C.
§ 2255. ECF 36. The government did not respond. No
hearing is necessary to resolve the Motion. See
Local Rule 105.6 (D. Md. 2016); 28 U.S.C. § 2255(b). For
the reasons stated herein, I shall deny the Motion.
claims that under Johnson he does not qualify as a
Career Offender under U.S.S.G. § 4B1.1, because his
prior convictions are not crimes of violence. ECF 36.
§ 4B1.1(a) provides:
A defendant is a career offender if (1) the defendant was at
least eighteen years old at the time the defendant committed
the instant offense of conviction; (2) the instant offense of
conviction is a felony that is either a crime of violence or
a controlled substance offense; and (3) the defendant has at
least two prior felony convictions of either a crime of
violence or a controlled substance offense.
Section 4B1.2(a) states, in part:
(a) The term “crime of violence” means any
offense under federal or state law, punishable by
imprisonment for a term exceeding one year, that --
(1) has as an element the use, attempted use, or threatened
use of physical force against the person of ...