United States District Court, E.D. Louisiana
ORDER AND REASONS
ANN VIAL LEMMON UNITED STATES DISTRICT JUDGE.
HEREBY ORDERED that James Sentimore's Motion under 28
U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence
by a Person in Federal Custody (Doc. #40) is DENIED.
FURTHER ORDERED that the Federal Public Defender's Motion
to Withdraw as Counsel of Record (Doc. #49) is GRANTED.
matter is before the court on James Sentimore's motion to
vacate, set aside or correct his sentence brought under 28
U.S.C. § 2255. Sentimore argues that under Johnson
v. United States, 135 S.Ct. 2551 (2015), the career
offender sentencing enhancement of U.S.S.G. § 4B1.1 no
longer applies and he is entitled to have his sentence
25, 2005, Sentimore pleaded guilty to three counts of bank
robbery in violation of 18 U.S.C. §§ 2113(a),
2113(d) and 2. The presentence investigation report showed
that Sentimore had an extensive criminal history, which
included convictions for attempted armed robbery, armed
robbery, and bank robbery. The government did not charge
Sentimore under the Armed Career Criminal Act
(“ACCA”), 18 U.S.C. § 924(e). However, the
court applied U.S.S.G. § 4B1.1 and 4B1.2, which have
language similar to the ACCA.
§ 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
is 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.
“Crime of violence” is defined in U.S.S.G. §
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 another, or
(2) is burglary of a dwelling, arson, or extortion, involves
use of explosives, or otherwise involves conduct that
presents a serious potential risk of physical injury to
Comment Note 1 to U.S.S.G. § 4B1.2 provides that
“crime of violence” incudes robbery.
had prior convictions for attempted armed robbery, armed
robbery, and bank robbery. Thus, he had at least two prior
convictions that qualified as a “crime of
violence” under U.S.S.G. § ...