Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Allen v. United States

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

June 17, 2019

Tracy Jarvis Allen, 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 Tracy Jarvis Allen. For the reasons stated below, the petition is denied.

         I. Factual and Procedural History

         Petitioner was charged with and convicted at trial of being a felon in possession of a firearm, and the Court sentenced him to 288 months incarceration. ECF No. 40.

         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) Armed Robbery (PSR ¶ 28 - Docket No. 96-JU-16-163);
(2) Armed Robbery (PSR ¶ 28 - Docket No. 96-JU-16-164);
(3) Criminal Domestic Violence of a High and Aggravated Nature (CDVHAN) (PSR ¶ 30);
(4) Threaten the Life, Person, or Family of Public Employee (PSR ¶ 31);
(5) Failure to Stop for a Blue Light (FSBL) (PSR ¶ 32).

         After judgment was entered, he filed a direct appeal, but the Fourth Circuit summarily affirmed. United States v. Allen, No. 05-4829 (4th Cir. Jan. 30, 2006).

         Petitioner filed a prior § 2255 petition, which the Court denied on the merits. ECF Nos. 53, 67. He filed a direct appeal, but the Fourth Circuit declined to issue a certificate of appealability and dismissed the appeal. United States v. Allen, 315 Fed.Appx. 485 (4th Cir. 2009).

         On March 14, 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. 16-245 (4th Cir.), ECF No. 2. The Fourth Circuit granted that motion on May 10, 2016, No. 16-245 (4th Cir), ECF No. 13, and his § 2255 petition was filed in this Court that day, ECF No. 105.

         In Petitioner's § 2255 petition, he challenges each of his predicate convictions, asserting that, in light of Johnson v. United States, 135 S.Ct. 2551 (2015) and other cases, none of these convictions remain ACCA predicate offenses. Thus, he argues that he no longer has the requisite No. of ACCA predicate convictions and is therefore entitled to a resentencing without the ACCA enhancement. The Government filed a motion to dismiss, asserting that the two armed robberies, CDVHAN, and threatening a public official convictions still qualify ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.