United States District Court, D. South Carolina, Columbia 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. 664. The Government filed a response
in opposition and a motion for summary judgment. ECF Nos.
670, 671. Defendant filed a reply. ECF No. 674.
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); three counts of Hobbs Act Robbery, in violation of
§ 1951 (Counts 7, 12, 14); and three 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 8, 13, 15). ECF No. 1.
February 25, 2000, after trial had begun, Defendant changed
his plea of not guilty and 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 (Count 12), and the
other on April 29, 1999 (Count 14). Judgment was entered on
May 24, 2000. ECF No. 300. Defendant was sentenced to a total
term of 420 months, consisting of 120 months as to Count 13
and 300 months as to Count 15, consecutive. Id.
Defendant appealed, but the Fourth Circuit affirmed the
District Court. ECF No. 366. On December 14, 2001, an Amended
Judgment was entered reducing the total sentence to 360
months pursuant to Fed. R. Crim. P. 35(b). ECF No. 375.
18 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) is 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
case-specific approach and applied the categorical approach.
Id. at *6-*10.