United States District Court, D. South Carolina, Charleston Division
PATRICK MICHAEL DUFFY United States District Judge.
Lamont Lloyd, a federal prisoner, moves to vacate, set aside,
or correct his sentence under 28 U.S.C. § 2255 (ECF No.
45). Previously, the Court stayed proceedings pending the
Fourth Circuit's decision in United States v.
Doctor. Now that the Fourth Circuit has issued that
decision, this Court now lifts the stay and, for the reasons
stated herein, denies Lloyd's motion.
2005, Lloyd pled guilty to possession of a firearm after a
felony conviction and to possession with intent to distribute
crack cocaine. See 18 U.S.C. § 922(g)(1); 21
U.S.C. § 841(a)(1). When Lloyd pled guilty, his criminal
history included convictions in South Carolina state court
for a strong-arm robbery, two second-degree burglaries, and
possession with intent to distribute marijuana. At sentencing
later that year, the Court determined that those prior
convictions triggered a mandatory fifteen-year minimum
sentence on the gun charge under the Armed Career Criminal
Act (“ACCA”) and an increased recommended
sentencing range on both charges under the United States
Sentencing Guidelines. Based on those determinations, the
Court sentenced Lloyd to 188 months in prison on each count,
to be served concurrently. Lloyd did not appeal.
filed his § 2255 motion on April 26, 2016. On July 12,
the Government filed a motion to stay proceedings pending the
Supreme Court's decision in Beckles v. United
States, 616 F.App'x 415 (11th Cir. 2015), cert.
granted, 2016 WL 1029080 (U.S. June 27, 2016) (No.
15-8544). On July 25, Lloyd filed a response, in which he
also asked to be released on bond. The Government filed a
reply in support of its stay motion on August 2.
October 3, the Court denied the motions for release and stay.
However, the Court found that Doctor was likely to
control the outcome of Lloyd's § 2255 motion, and so
it stayed proceedings pending a decision in that case. The
Fourth Circuit issued decision in Doctor on November
21. See No. 15-4764, 2016 WL 6833343. Accordingly,
Lloyd's § 2255 motion is now ripe for consideration.
proceeds under 28 U.S.C. § 2255, which provides, in
A prisoner in custody under sentence of a court established
by Act of Congress claiming the right to be released upon the
ground that the sentence was imposed in violation of the
Constitution or laws of the United States . . . may move the
court which imposed the sentence to vacate, set aside or
correct the sentence.
28 U.S.C. § 2255(a). On a motion to vacate, set aside,
or correct a sentence under § 2255, the petitioner bears
the burden of proving the grounds for collateral attack by a
preponderance of the evidence. Miller v. United
States, 261 F.2d 546, 547 (4th Cir. 1958). In deciding a
§ 2255 motion, the district court need not hold a
hearing if “the motion and the files and records of the
case conclusively show that the prisoner is entitled to no
relief.” 28 U.S.C. § 2255(b).
the ACCA, a defendant must be sentenced to at least fifteen
years in prison if he has at least “three previous
convictions . . . for a violent felony or a serious drug
offense, or both, committed on occasions different from one
another.” 18 U.S.C. § 924(e)(1). Similarly, under
the Sentencing Guidelines' career-offender provision, a
defendant's recommended sentencing range may increase 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 a controlled substance offense;
and (3) the defendant has at least two prior felony
convictions of either a crime of violence or a controlled
U.S.S.G. § 4B1.1(a). Lloyd contends he does not have
enough qualifying prior felony convictions to trigger either
enhancement. Specifically, he contends his robbery and
burglary convictions are not “violent felonies”
under the ...