NOE HETERO UTELTS BRST

cs Plaintiff CIVIL 19-1867CCC VS (Related Cr. 12-0192-15CCC) UNITED STATES OF AMERICA Defendant

OPINION AND ORDER

Before the Court is petitioner's Motion to Vacate, Set Aside or Correct Sentence Pursuant to

(d.e. 1) filed September 13, 2019. Petitioner seeks relief from his sentence in Criminal 12-0192-15(CCC) on the basis of United States v. Davis,

(2019). The United States filed a Response (d.e. 6) on December 16, 2019, arguing that the motion should be denied because Davis is inapposite. Having reviewed the above filings as well as Criminal 12-0192-15, the Court finds that petitioner is not entitled to relief. Davis held that the residual clause found at

(c)(3)(B), which defines a "crime of violence," is unconstitutionally vague. Petitioner plead guilty to violations of

, 841(a)(1) and 860. As petitioner was not subject to

(c)(3)(B), — or to any similar residual clause — Davis is inapplicable. For the reasons stated, petitioner's Motion to Vacate, Set Aside or Correct Sentence Pursuant to

(d.e. 1) is DENIED. Judgment shall be entered accordingly.

CIVIL 19-1867CCC 2 (Related Cr. 12-0192-15CCC) CERTIFICATE OF APPEALABILITY The Court hereby ORDERS that no certificate of appealability shall be issued as petitioner failed to make a substantial showing of the denial of a constitutional right as required by

(c)(2). SO ORDERED. In San Juan, Puerto Rico this 28th day of February, 2020.

S/GUSTAVO A. GELPÍ Chief United States District Judge