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Hickman v. United States

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

June 18, 2019

Robert Hickman, 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 Robert Hickman. 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 ammunition, and the Court sentenced him to 185 months incarceration. ECF No. 47. He did not file a direct appeal.

         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 ammunition 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] At the time of his sentencing, he had the following ACCA predicate convictions:

(1) Possession With Intent to Distribute (PWID) Marijuana (PSR ¶ 17);
(2) Distribution of Marijuana (PSR ¶ 18 - Docket No. 85-GS-16-589);
(3) Distribution of Marijuana (PSR ¶ 18 - Docket No. 85-GS-16-590);
(4) Burglary, 3rd Degree (PSR ¶ 19);
(5) Strong Arm Robbery (PSR ¶ 21);
(6) Failure to Stop for Blue Light (PSR ¶ 24).

         In Petitioner's § 2255 petition, he challenges his burglary, robbery, and failure to stop 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.[2] 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 PWID marijuana, marijuana distributions, burglary, and robbery convictions still qualify as predicates and that he remains an armed career criminal. ECF No. 90 at 1. He filed a response in opposition to the Government's motion, ECF No. 94, and then a supplemental response in opposition, ECF No. 99.

         This matter is now ripe for decision.

         II. 28 ...


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