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Wilson v. United States

United States District Court, D. South Carolina, Florence Division

May 30, 2019

Garrick L. Wilson, PETITIONER
v.
United States of America, RESPONDENT

          ORDER

          Terry L. Wooten Senior United States District Judge.

         This matter comes before the Court for consideration of the petition to vacate, set aside, or correct a sentence pursuant to 28 U.S.C. § 2255 filed by Petitioner Garrick L. Wilson. For the reasons stated below, the petition is denied.

         I. Factual and Procedural History

          Petitioner was charged with and pled guilty to being a felon in possession of a firearm, and the Court sentenced him to 216 months incarceration. ECF No. 21.

         At sentencing, Petitioner was classified as an armed career criminal under the Armed Career Criminal Act (ACCA), which imposes a mandatory minimum fifteen-year sentence on a felon who possesses a firearm and who has three or more prior convictions for committing certain drug crimes or “violent felon[ies].” 18 U.S.C. § 924(e)(1).[1] His Presentence Investigation Report (PSR) classified the following convictions as ACCA predicate convictions:

(1) Distribution of Crack Cocaine (PSR ¶ 25)
(2) Possession of Crack Cocaine With Intent to Distribute (PSR ¶ 26)
(3) Failure to Stop for a Blue Light (FSBL) (PSR ¶ 29)
(4) Attempted Armed Robbery (PSR ¶ 30)

         After judgment was entered, he filed a direct appeal, but the Fourth Circuit affirmed. United States v. Wilson, 60 Fed.Appx. 445 (4th Cir. 2003).

         Petitioner filed a prior § 2255 petition, which the Court denied on the merits. No. 4:04-cv-00612-TLW, ECF Nos. 1, 10. He filed a direct appeal, but the Fourth Circuit declined to issue a certificate of appealability and dismissed the appeal. United States v. Wilson, 112 Fed.Appx. 314 (4th Cir. 2004).

         On March 28, 2016, Petitioner filed in the Fourth Circuit a motion pursuant to 28 U.S.C. § 2244 requesting permission to file a successive § 2255 petition. No. 16-271 (4th Cir.), ECF No. 2. The Fourth Circuit granted that motion on April 25, 2016, No. 16-271 (4th Cir), ECF No. 5, and his § 2255 petition was filed in this Court two days later, ECF No. 43.

         In Petitioner's memorandum in support of his § 2255 petition, he says that in light of Johnson v. United States, 135 S.Ct. 2551 (2015) and other cases, he no longer has the requisite No. of ACCA predicate convictions and he is therefore entitled to a resentencing without the ACCA enhancement. ECF No. 43-1. The Government filed a motion for summary ...


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