United States District Court, D. South Carolina, Rock Hill Division
OPINION AND ORDER
CAMERON MCGOWAN CURRIE, SENIOR UNITED STATES DISTRICT JUDGE
filed a motion in this court pursuant to 28 U.S.C. §
2255, challenging his conviction for a violation of 18 U.S.C.
§ 924(c). ECF No. 611. The Government filed a response
in opposition and a motion for summary judgment. ECF Nos.
623, 624. Defendant filed a reply. ECF No. 640. Defendant
also filed a pro se letter on July 1, 2019, requesting the
court consider the recent Supreme Court case, United
States v. Davis, No. 18-431, and grant him relief. ECF
14, 1999, Defendant was charged with the following counts:
(1) conspiracy to commit Hobbs Act Robbery, in violation of
18 U.S.C. § 1951(b)(3); (2) conspiracy to use, carry and
brandish firearms during and in relation to, and possess
firearms in furtherance of crimes of violence, specifically
Hobbs Act Robbery, in violation of 18 U.S.C. §§ 924
(o); five counts of Hobbs Act Robbery, in violation of §
1951 (Counts 3, 5, 9, 12, 14); and five counts of knowingly
using, carrying, brandishing, and discharging a firearm
during and in relation to a Hobbs Act Robbery, in violation
of 18 U.S.C. § 924(c) (Counts 4, 6, 10, 13, 15). ECF No.
October 29, 1999, Defendant pled guilty to Counts 13 and 15
of the Indictment: two counts of § 924(c) brandishing
and discharging a firearm in relation to Hobbs Act Robbery,
one of which took place on April 21, 1999, and the other on
April 29, 1999. ECF Nos. 1, 188. Judgment was entered on
April 7, 2000. ECF No. 274. Defendant was sentenced to a
total term of 300 months, consisting of 60 months as to Count
13 and 240 months as to Count 15, consecutive. Id.
Defendant did not appeal.
U.S.C. § 924(c)
18 U.S.C. § 924(c) provides that a defendant shall be
subject to a consecutive sentence if he or she, “during
and in relation to any crime of violence or drug trafficking
crime. . . for which the person may be prosecuted in a court
of the United States, uses or carries a firearm, or who, in
furtherance of any such crime, possesses a firearm. . .
.” 18 U.S.C. § 924(c)(1)(A).
statute defines a “crime of violence” as:
an offense that is a felony and -
(A) has an element the use, attempted use, or threatened use
of physical force against the person or property of another,
(B) that by its nature, involves a substantial risk that
physical force against the person or property of another may
be used in the course of committing the
18 U.S.C. § 924(c)(3).
24, 2019, the Supreme Court decided the residual clause of
§ 924(c)(3)(B) was void for vagueness. United States
v. Davis, __ S.Ct. __, 2019 WL 2570623, at *13 (June 24,
2019). In doing so, the Court rejected application of a