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United States v. Jeffs

United States District Court, W.D. Louisiana, Alexandria Division

August 14, 2018

UNITED STATES OF AMERICA
v.
TODD P. JEFFS

          DRELL JUDGE

          JAMES D KIRK MAGISTRATE JUDGE

          REPORT AND RECOMMENDATION

          JOSEPH H.L." PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE

         Todd P. Jeffs (“Jeffs”) filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 US.C. § 2255 (Doc. 43). Because the United States Sentencing Guidelines are not subject to challenges for vagueness, Jeffs's § 2255 Motion should be denied.

         I. Background

         In 2010, Jeffs was convicted pursuant to a guilty plea on one count of assault with a dangerous weapon with intent to do bodily harm, in the United States District Court for the Western District of Louisiana, Alexandria Division. Jeffs was found to be a career offender due to two prior adult felony assault criminal convictions. Jeffs was sentenced to 95 months imprisonment (Doc. 40). Jeffs did not appeal his conviction or sentence. Jeffs is currently on supervised release (Doc. 54).

         In December 2016, Jeffs filed this § 2255 Motion to Vacate, Set Aside, or Correct Sentence (Doc. 43), to which the United States of America responded (Doc. 50). In his sole ground for relief, Jeffs contends he was denied his right to due process of law when his sentence was enhanced by prior convictions that were only cognizable as crimes of violence under the residual clause of U.S.S.G § 4B1.2. Jeffs argues the residual clause of §4B1.2 is identical to the residual clause of 18 U.S.C. § 924(e)(2)(B)(ii) that was declared unconstitutionally vague in Johnson v. United States, 135 S.Ct. 2551 (U.S. 2015), and made retroactive to cases on collateral review in Welch v. United States, 136 S.Ct. 1257 (U.S. 2016).

         II. Law and Analysis

         A. Jeffs's Motion is Timely.

         Respondent argues that Jeffs's § 2255 Motion is untimely pursuant to 28 U.S.C. § 2255(f), which provides:

(f) A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of-
(1) the date on which the judgment of conviction becomes final;
(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action;
(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively ...

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