United States District Court, D. South Carolina, Charleston Division
PATRICK MICHAEL DUFFY United States District
Lamar Bryant moves to vacate, set aside, or correct his
federal conviction and prison sentence under 28 U.S.C. §
2255 (ECF No. 67). For the reasons stated herein, the Court
denies Bryant's § 2255 motion.
2010, Bryant pled guilty to assaulting, robbing, and putting
in jeopardy the life of a person having lawful custody of
United States mail matter, see 18 U.S.C. §
2114(a), and to using and carrying a firearm during and in
relation to a crime of violence, see 18 U.S.C.
§ 924(c). The Court sentenced Bryant to 46 months on the
§ 2114(a) charge and 84 consecutive months on the §
924(c) charge. Bryant did not appeal.
filed his § 2255 motion on June 9, 2016, alleging that
his § 924(c) conviction and sentence are
unconstitutional under Johnson v. United States, 135
S.Ct. 2551 (2015). On August 24, the Government responded by
filing a motion to dismiss, in which it argued only that
Bryant's § 2255 motion is untimely. The Court denied
the motion to dismiss on January 17, 2017, and ordered
further briefing on the merits. Thereafter, the Government
filed a supplemental brief. Bryant did not file a reply. This
matter is therefore 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).
U.S.C. § 924(c)(1)(A) provides for the punishment of
anyone “who, during and in relation to any crime of
violence or drug trafficking crime . . ., uses or carries a
firearm, or who, in furtherance of any such crime, possesses
a firearm.” “Crime of violence” in §
924(c)(1) means an offense that is a felony and-
(A) has as an element the use, attempted use, or threatened
use of physical force against the person or property of
(B) that by its nature, involves a substantial risk that
physical force against the person or property of another may
be used in the course of committing the offense.
18 U.S.C. § 924(c)(3). Bryant's § 2114(a)
charge served as the predicate crime of violence for his