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Jesus Izquierdo v. United States
690 F. App'x 650
| 11th Cir. | 2017
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*1 Before WILLIAM PRYOR, JULIE CARNES and JILL PRYOR, Circuit Judges. PER CURIAM:

Case: 16-16086 Date Filed: 06/15/2017 Page: 2 of 2 Jesus Izquierdo appeals the denial of his motion to vacate his sentence. 28 U.S.C. § 2255(f). Izquierdo argued that, under Johnson v. United States , 135 S. Ct. 2551 (2015), the district court violated his due process rights by increasing his sentence under the residual clause of the career offender provision of the United States Sentencing Guidelines, U.S.S.G. § 4B1.2(a). The district court ruled that Izquierdo’s argument “fail[ed] as a matter of law” based on United States v. Matchett , 802 F.3d 1185, 1194‒95 (11th Cir. 2015), and denied it as untimely. We affirm the denial of Izquierdo’s motion on the ground that it failed on the merits.

The district court correctly ruled that Johnson did not affect Izquierdo’s sentence under the Guidelines. After Izquierdo appealed, the Supreme Court held in Beckles v. United States , 137 S. Ct. 886 (2017), as we had in Matchett , that “the advisory Sentencing Guidelines are not subject to a vagueness challenge under the Due Process Clause and that § 4B1.2(a)’s residual clause is not void for vagueness.” Beckles , 137 S. Ct. at 895. Beckles confirms that Johnson did not affect the validity of Izquierdo’s sentence.

We AFFIRM the denial of Izquierdo’s motion to vacate.

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Case Details

Case Name: Jesus Izquierdo v. United States
Court Name: Court of Appeals for the Eleventh Circuit
Date Published: Jun 15, 2017
Citation: 690 F. App'x 650
Docket Number: 16-16086 Non-Argument Calendar
Court Abbreviation: 11th Cir.
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