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Steven Cowan v. United States
698 F. App'x 855
| 8th Cir. | 2017
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*1 Before COLLOTON, BOWMAN, and KELLY, Circuit Judges.

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PER CURIAM.

Federal prisoner Steven Cowan, who pled guilty to being a felon in possession of a firearm, appeals the district court’s order denying his 28 U.S.C. § 2255 motion [1]

*2 that challenged his sentence under Johnson v. United States, 135 S. Ct. 2551 (2015) (invalidating residual clause of Armed Career Criminal Act as unconstitutionally vague); Cowan specifically challenged his increased base offense level under U.S.S.G. § 2K2.1. Upon de novo review, we find that the district court properly denied relief, because Cowan’s sentence was calculated under the advisory Guidelines, which are not subject to void-for-vagueness challenges. See Beckles v. United States, 137 S. Ct. 886, 895 (2017). Accordingly, we affirm. We also grant counsel’s motion to withdraw.

______________________________

-2-

[1] The Honorable Greg Kays, Chief Judge, United States District Court for the Western District of Missouri.

Case Details

Case Name: Steven Cowan v. United States
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Oct 17, 2017
Citation: 698 F. App'x 855
Docket Number: 16-3085
Court Abbreviation: 8th Cir.
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