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    United States v. Perez, 10th Cir. (2017)

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    The United States Court of Appeals for the Tenth Circuit denied Carlos Perez's request for a certificate of appealability to appeal the district court's denial of his motion to correct his sentence under 28 U.S.C. § 2255. Perez argued that his sentencing guideline range relied on language found unconstitutionally vague in Johnson v. United States, but the district court found his career offender status resulted from an enumerated burglary offense, not the disputed language. Moreover, the Supreme Court recently held in Beckles v. United States that the vagueness holding in Johnson does not apply to the Sentencing Guidelines. The Court of Appeals therefore denied the request for a COA and dismissed the appeal.

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    United States v. Perez, 10th Cir. (2017)

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    The United States Court of Appeals for the Tenth Circuit denied Carlos Perez's request for a certificate of appealability to appeal the district court's denial of his motion to correct his sentence under 28 U.S.C. § 2255. Perez argued that his sentencing guideline range relied on language found unconstitutionally vague in Johnson v. United States, but the district court found his career offender status resulted from an enumerated burglary offense, not the disputed language. Moreover, the Supreme Court recently held in Beckles v. United States that the vagueness holding in Johnson does not apply to the Sentencing Guidelines. The Court of Appeals therefore denied the request for a COA and dismissed the appeal.

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    Filed: 2017-03-30 Precedential Status: Non-Precedential Docket: 16-2271

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    The United States Court of Appeals for the Tenth Circuit denied Carlos Perez's request for a certificate of appealability to appeal the district court's denial of his motion to correct his sentence under 28 U.S.C. § 2255. Perez argued that his sentencing guideline range relied on language found unconstitutionally vague in Johnson v. United States, but the district court found his career offender status resulted from an enumerated burglary offense, not the disputed language. Moreover, the Supreme Court recently held in Beckles v. United States that the vagueness holding in Johnson does not apply to the Sentencing Guidelines. The Court of Appeals therefore denied the request for a COA and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    35 views2 pages

    United States v. Perez, 10th Cir. (2017)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Tenth Circuit denied Carlos Perez's request for a certificate of appealability to appeal the district court's denial of his motion to correct his sentence under 28 U.S.C. § 2255. Perez argued that his sentencing guideline range relied on language found unconstitutionally vague in Johnson v. United States, but the district court found his career offender status resulted from an enumerated burglary offense, not the disputed language. Moreover, the Supreme Court recently held in Beckles v. United States that the vagueness holding in Johnson does not apply to the Sentencing Guidelines. The Court of Appeals therefore denied the request for a COA and dismissed the appeal.

    Copyright:

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    of 2

    FILED

    United States Court of Appeals


    Tenth Circuit

    March 30, 2017


    UNITED STATES COURT OF APPEALS
    Elisabeth A. Shumaker
    Clerk of Court
    TENTH CIRCUIT

    UNITED STATES OF AMERICA,

    Plaintiff - Appellee,

    v. No. 16-2271
    (D.C. Nos. 2:16-CV-00545-RB-SMV
    CARLOS PEREZ, and 2:04-CR-01308-RB-1)
    (D.N.M.)
    Defendant - Appellant.

    ORDER
    DENYING CERTIFICATE OF APPEALABILITY

    Before KELLY, MURPHY, and MATHESON, Circuit Judges.

    Defendant-Appellant Carlos Perez seeks a certificate of appealability

    (COA) to appeal from the district courts 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. Perezs 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,
    No. 15-8544, 2017 WL 855781, at *67 (U.S. Mar. 6, 2017). Accordingly, we

    DENY Mr. Perezs request for a COA and DISMISS the appeal.

    Entered for the Court

    Paul J. Kelly, Jr.


    Circuit Judge

    -2-

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