United States District Court, M.D. Tennessee, Nashville Division
A. TRAUGER U.S. District Judge.
before the Court are the Petitioner's pro se
Motion For Sentence Reduction And Vacatur Of 18 U.S.C. §
922(g)(1) Pursuant To 28 U.S.C. § 2255(f)(3) - Johnson
Claim (Docket No. 1), a Notice Regarding Supplemental
Pleading (Docket No. 8), filed by counsel for the Petitioner,
and the Government's Response (Docket No. 9) in
reasons set forth herein, the Motion For Sentence Reduction
And Vacatur Of 18 U.S.C. § 922(g)(1) Pursuant To 28
U.S.C. § 2255(f)(3) - Johnson Claim (Docket No. 1) is
DENIED, and this action is DISMISSED.
underlying criminal case, the Petitioner pled guilty,
pursuant to a Plea Agreement, to being a convicted felon in
possession of ammunition, in violation of 18 U.S.C. §
922(g)(1). (Docket Nos. 11, 12, 13, 24 in Case No.
2:06-cr-00020). At the subsequent sentencing hearing, the
Court sentenced the Petitioner to a total term of 40 months
of imprisonment. (Docket Nos. 25, 26, 27 in Case No.
2010, the Petitioner filed a Motion To Vacate under 28 U.S.C.
§ 2255 in Case No. 2:10-cv-00049, which was subsequently
dismissed by the Court. (Docket Nos. 10, 11 in Case No.
2:10-cv-00049). On appeal, the Sixth Circuit denied the
Petitioner's application for a certificate of
appealability. (Docket No. 38 in Case No.
The Section 2255 Remedy
2255 provides federal prisoners with a statutory mechanism by
which to seek to have their sentence vacated, set aside or
corrected. 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
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.
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.
Johnson v. United States
Petitioner requests that the Court apply the decision in
Johnson v. United States, 135 S.Ct. 2551 (2015) to
reduce his sentence. The Government ...