Harrell v. United States

UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

Miami Division

Case Number: 20-21870-CIV-MORENO (10-20800-CR-MORENO)

DERRICK HARRELL,

Movant, vs.

UNITED STATES OF AMERICA,

Respondent. _________________________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

AND ORDER DENYING MOTION TO VACATE

THE MATTER was referred to the Honorable Jared M. Strauss, United States Magistrate Judge, for a Report and Recommendation on Motion to Vacate, Set Aside or Correct Sentence, filed on May 5, 2020. The Magistrate Judge filed a Report and Recommendation (D.E. 20) on November 30, 2020. The Court has reviewed the entire file and record. The Court has made a de novo review of the issues that the objections to the Magistrate Judge’s Report and Recommendation present, and being otherwise fully advised in the premises, it is ADJUDGED that Magistrate Judge Strauss’s Report and Recommendation is AFFIRMED and ADOPTED. Accordingly, it is

ADJUDGED that Motion to Vacate, Set Aside or Correct Sentence is DENIED for the reasons stated in the Report and Recommendation. The Court agrees that Hobbs Act Robbery qualifies as a crime of violence under 18 U.S.C. § 924(c)’s elements clause, which forecloses relief in this case. United States v. St. Hubert, 909 F.3d 335, 346, 351 (11th Cir. 2018), abrogated in part on other grounds by United States v. Davis, 139 S. Ct. 2319, 2336 (2019). It is further

ADJUDGED that no certificate of appealability issue.

DONE AND ORDERED in Chambers at Miami, Florida, this 22nd of February 2021.

FEDERICO A. MORENO

UNITED STATES DISTRICT JUDGE Copies furnished to:

United States Magistrate Jared M. Strauss

Counsel of Record