History
  • No items yet
midpage
United States v. Perez
16-2271
| 10th Cir. | Mar 30, 2017
|
Check Treatment
|
Docket

*1 Before KELLY , MURPHY , and MATHESON , Circuit Judges. Defendant-Appellant Carlos Perez seeks a certificate of appealability (“COA”) to appeal from the district court’s denial of his motion to correct his sentence under 28 U.S.C. § 2255. Mr. Perez contends that the calculation of his sentencing guideline range relied on language found unconstitutionally vague in Johnson v. United States, 135 S. Ct. 2551 (2015). See U.S.S.G. § 4B1.2(a)(2). The district court found that Mr. Perez’s status as a career offender resulted from the application of an enumerated offense (burglary of a dwelling) in § 4B1.2(a), not the language found wanting in Johnson. But even had that language been applied, the Supreme Court recently held that the void-for-vagueness holding in Johnson does not apply to the Sentencing Guidelines. Beckles v. United States, *2 No. 15-8544, 2017 WL 855781, at *6–7 (U.S. Mar. 6, 2017). Accordingly, we DENY Mr. Perez’s request for a COA and DISMISS the appeal.

Entered for the Court Paul J. Kelly, Jr.

Circuit Judge

- 2 -

Case Details

Case Name: United States v. Perez
Court Name: Court of Appeals for the Tenth Circuit
Date Published: Mar 30, 2017
Docket Number: 16-2271
Court Abbreviation: 10th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.