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United States v. Barrett

United States District Court, M.D. Louisiana

June 12, 2019

UNITED STATES OF AMERICA
v.
JEREMY CARLTON BARRETT

          RULING AND ORDER

          JUDGE BRIAN A. JACKSON JUDGE

         Before the Court is the Motion for Relief from Judgment Pursuant to Rule 60(b) of the Federal Rules of Civil Procedure (Doc. 84). The United States did not file a response. For the reasons stated herein, the Motion for Relief from Judgment Pursuant to Rule 60(b) of the Federal Rules of Civil Procedure (Doc. 84) is DENIED.

         I. BACKGROUND

         On March 15, 2017, Petitioner was charged in an Indictment with one count of possessing a firearm after having been convicted of a felony offense in violation of 18 U.S.C. § 922(g)(1) and one count of possessing an unregistered sawed-off shotgun in violation of 26 U.S.C. § 5861(d). (Doc. 1). On February 6, 2008 Petitioner pleaded guilty to both counts. (Doc. 49). On July 3, 2008, Petitioner was sentenced to a term of imprisonment of 216 months on count one and a term of imprisonment of 120 months on count two, to be served concurrently. The Court sentenced Petitioner under the Armed Career Criminal Act, 18 U.S.C. § 924(e), which provides that an individual convicted of being a felon in possession of a firearm must receive a minimum of fifteen years in prison if he has previously been convicted of three violent felony offenses. Id. Defendant had been convicted for armed robbery twice. He had also been previously convicted of simple burglary and simple burglary of an inhabited dwelling. (Doc. 64, at pp. 5, 7). On May 9, 2016 Petitioner filed a Motion to Vacate under 28 U.S.C. §2255, in which he argued that the Court should vacate his sentence based on Johnson v. United States, 135 S.Ct. 2551 (2015).[1] (Doc. 65). On June 26, 2017, Petitioner amended his Motion to Vacate, arguing that the Court should also vacate his sentence based on Mathis v. United States, 136 S.Ct. 2243, 2251 (2016).[2]The Court denied Petitioner's motion on November 21, 2017. Petitioner now asks the Court to set aside its ruling on the Motion to Vacate.[3]

         II. LEGAL STANDARD

         Federal Rule of Civil Procedure 60(b) "allows a party to seek relief from a final judgement, and request reopening of his case, under a limited set of circumstances." Gonzalez v. Crosby, 545 U.S. 524, 528 (2005). Rule 60(b) provides that relief from a judgment or order may be had for (1) mistake, inadvertence, surprise, or excusable neglect, (2) newly discovered evidence, (3) fraud, misrepresentation or misconduct by an opposing party, (4) a void judgment, (5) a judgment that has already been satisfied, is no longer equitable, or has effectively been overturned, or (6) any other reason that justifies such relief.

         III. DISCUSSION

         The ACCA provides that if an individual convicted of felon in possession of a firearm in violation of 18 U.S.C. § 922(g) has three previous convictions for a "violent felony," he is subject to a mandatory sentence of a minimum of fifteen years and a maximum of life. 18 U.S.C. § 924(e)(1).

         The ACCA defines "violent felony" in three ways:

• The elements clause defines a violent felony as a crime that "has an element the use, attempted use, or threatened use of physical force against the person of another." 18 U.S.C. § 924(e)(2)(B)(i).
• The enumerated clause provides that a violent felony includes "burglary, arson, or extortion, [or a crime that] involves use of explosives[.]" 18 U.S.C § 924(e)(2)(B)(ii)
• The residual clause defines a violent felony as a crime that "otherwise involves conduct that presents a serious potential risk of physical injury to another." Id.

         Petitioner argues that his two previous convictions for armed robbery, conviction for simple burglary, and conviction for simple burglary of an inhabited dwelling do not qualify as convictions for violent felonies under any of the provisions of the ACCA.

         A. Johnson v. United States and Sessi ...


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