United States District Court, D. South Carolina, Florence Division
Garrick L. Wilson, PETITIONER
United States of America, RESPONDENT
L. Wooten Senior United States District Judge.
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.
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.
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). His Presentence Investigation Report (PSR)
classified the following convictions as ACCA predicate
(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)
judgment was entered, he filed a direct appeal, but the
Fourth Circuit affirmed. United States v. Wilson, 60
Fed.Appx. 445 (4th Cir. 2003).
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.
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.
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 ...