United States District Court, E.D. Louisiana
ORDER AND REASONS
ANN VIAL LEMMON UNITED STATES DISTRICT JUDGE
HEREBY ORDERED that Ryan Carroll's Motion under 28 U.S.C.
§ 2255 to Vacate, Set Aside or Correct Sentence (Doc.
#423) is DENIED.
matter is before the court on Ryan Carroll's motion to
vacate, set aside or correct his sentence brought under 28
U.S.C. § 2255. Carroll argues that under Johnson v.
United States, 135 S.Ct. 2551 (2015), the residual
clause of 18 U.S.C. § 924(c)(3)(B) is unconstitutionally
vague, and he is entitled to have his sentence for violating
18 U.S.C. § 924(c)(1)(A) vacated.
case, Carroll pleaded guilty to one count of violating the
Racketeer Influenced and Corrupt Organizations Conspiracy
statute, 18 U.S.C. § 1962(d) (Count 1), and one count of
using and carrying a firearm during and relation to a crime
of violence and a drug trafficking crime in violation of 18
U.S.C. § 924(c)(1)(A) (Count 9). On October 16, 2013, Carroll
was sentenced to 90 months imprisonment for Count 1, and 120
month imprisonment for Count 9, to be served consecutively,
which was the statutory mandatory sentence for Count 9.
19, 2016, Carroll filed the present motion to vacate, set
aside or correct his sentence. Carroll argues that his sentence
on Count 9 should be vacated because his RICO conviction
falls under the residual clause of 18 U.S.C. §
924(c)(3)(B), which he argues is unconstitutionally vague
under the reasoning employed by the Supreme Court of the
United States in Johnson v. United States, 135 S.Ct.
to § 2255, a prisoner in custody under a federal court
sentence may seek relief on four grounds: (1) “that the
sentence was imposed in violation of the Constitution or laws
of the United States”; (2) “that the court was
without jurisdiction to impose such sentence”; (3)
“that the sentence was in excess of the maximum
authorized by law”; or, (4) that the sentence “is
otherwise subject to collateral attack.” 28 U.S.C.
§ 2255. If the district court determines that a
petitioner is entitled to relief under § 2255, the court
“shall vacate and set the judgment aside and shall
discharge the prisoner or resentence him or grant a new trial
or correct the sentence as may appear appropriate.” 28
U.S.C. § 2255(b). “Relief under 28 U.S.C. §
2255 is reserved for transgressions of constitutional rights
and for a narrow range of injuries that could not have been
raised on direct appeal and would, if condoned, result in a
complete miscarriage of justice.” United States v.
Vaughn, 955 F.2d 367, 368 (5th Cir. 1992).
924(c)(1)(A)(iii) provides that:
any person, who during and in relation to any crime of
violence or drug trafficking crime . . . for which the person
may be prosecuted in a court of the United States, uses or
carriers a firearm, or who, in furtherance of any such crime,
possesses a firearm, shall, in addition to the punishment
provided for such crime of violence or drug trafficking
crime, if the firearm is discharged, be sentenced to a term
of imprisonment of not less than 10 years.
18 U.S.C. § 924(c)(1)(A)(iii). The sentence shall run
concurrently with any other term of imprisonment imposed on
the person. Id. at § 924(c)(1)(D). A
“crime of violence” for the purposes of §
924(c) is defined as a felony offense:
(a) [that] has as an element the use, attempted use, or
threatened use of physical force against the person or
property of another, or
(B) that by its nature, involves a substantial risk that
physical force against the person or property of another may
be used in the ...