Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Norris v. United States

United States District Court, M.D. Tennessee, Nashville Division

November 16, 2016

JEREMI JASON NORRIS
v.
UNITED STATES OF AMERICA

          MEMORANDUM

          TODD J. CAMPBELL, UNITED STATES DISTRICT JUDGE

         I. Introduction

         Pending before the Court are the Petitioner's Motion For Sentence Reduction And Vacatur Of 18 U.S.C. § 922(g)(1) Pursuant To 18 U.S.C. § 2255(f)(3) - Johnson Claim (Docket Nos. 1, 11), and the Government's Response (Docket No. 12) in opposition.

         For the reasons set forth herein, the Motion For Sentence Reduction (Docket No. 1) is DENIED, and this action is DISMISSED.

         II. Procedural Background

         In the underlying criminal case, the Petitioner pled guilty, pursuant to a Plea Agreement, to being a convicted felon in possession of a firearm, and with distributing marijuana. (Docket Nos. 1, 17, 18 in Case No. 3:13-00235). At the subsequent sentencing hearing, the Court determined that the Petitioner's advisory sentencing guideline range was 100-125 months, based on a total offense level of 27 and criminal history category IV. (Docket Nos. 25, 26 in Case No. 3:13-00235). The Court applied United States Sentencing Guideline 2K2.1 in determining the total offense level, which required an increase for the Petitioner's prior felony drug conviction. The Court sentenced the Petitioner outside the advisory guideline range to a sentence of 87 months, based on the factors set forth in 18 U.S.C. § 3553(a)(1). (Id.)

         III. Analysis

         A. The Section 2255 Remedy

         Section 2255 provides federal prisoners with a statutory mechanism by which to seek to have their sentence vacated, set aside or corrected.[1] The statute does not provide a remedy, however, for every error that may have been made in the proceedings leading to conviction. “‘To warrant relief under section 2255, a petitioner must demonstrate the existence of an error of constitutional magnitude which had a substantial and injurious effect or influence on the guilty plea or the jury's verdict.'” Humphress v. United States, 398 F.3d 855, 858 (6th Cir. 2005)(quoting Griffin v. United States, 330 F.3d 733, 736 (6th Cir. 2003)).

         An evidentiary hearing is not required if the record conclusively shows that the Petitioner is not entitled to relief. 28 U.S.C. § 2255(b); Ray v. United States, 721 F.3d 758, 761 (6th Cir. 2013); Arredondo v. United States, 178 F.3d 778, 782 (6th Cir. 1999). No hearing is required “if the petitioner's allegations ‘cannot be accepted as true because they are contradicted by the record, inherently incredible, or conclusions rather than statements of fact.'” Id. Where the same judge considering the Section 2255 motion also presided over the underlying criminal proceedings, the judge may rely on his own recollection of those proceedings. Blackledge v. Allison, 431 U.S. 63, 97 S.Ct. 1621, 1629 n.4, 52 L.Ed.2d 136 (1977); Ray, 721 F.3d at 761.

         The Court has reviewed the pleadings, briefs, and records filed in Petitioner's underlying criminal case, as well as the pleadings and briefs filed by the parties in this case. The Court finds it unnecessary to hold an evidentiary hearing because these records conclusively establish that Petitioner is not entitled to relief on the issues raised.

         B. Johnson v. United States

         The Petitioner requests that the Court apply the decision in Johnson v. United States, 135 S.Ct. 2551 (2015) to reduce his sentence. The Government argues that the Johnson decision does not apply.

         In Johnson, the Supreme Court held that the so-called “residual clause” of the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), is unconstitutionally vague. The ACCA provides for a 15-year mandatory minimum sentence for defendants convicted of certain firearms offenses who have three previous convictions for a “violent felony” or a “serious drug offense.” 18 U.S.C. § ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.