United States v. Perez

U.S. Court of Appeals for the Tenth Circuit
United States v. Perez, 683 F. App'x 691 (10th Cir. 2017)

United States v. Perez

Opinion of the Court

ORDER DENYING CERTIFICATE OF APPEALABILITY

Paul J. Kelly, Jr. Circuit Judge

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, — U.S. —, 135 S.Ct. 2551, 192 L.Ed.2d 569 (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 § 4B 1.2(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, — U.S. —, 137 S.Ct. 886, 900-02, 197 L.Ed.2d 145 (2017). Accordingly, we DENY Mr. Perez’s request for a COA and DISMISS the appeal.

Reference

Full Case Name
United States v. Carlos PEREZ
Cited By
12 cases
Status
Published