United States District Court, D. South Carolina, Florence Division
L. Wooten Senior United States District
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.
Factual and Procedural History
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
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). 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.
(3) Distribution of Marijuana (PSR ¶ 18 - Docket No.
(4) Burglary, 3rd Degree (PSR ¶ 19);
(5) Strong Arm Robbery (PSR ¶ 21);
(6) Failure to Stop for Blue Light (PSR ¶ 24).
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. 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.
matter is now ripe for decision.