Steven Cowan v. United States
Opinion
Federal prisoner Steven Cowan, who pled guilty to being a felon in possession of a firearm, appeals the district court’s 1 order denying his 28 U.S.C. § 2255 motion that challenged his sentence under Johnson v. United States, 576 U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (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, 580 U.S. -, 137 S.Ct. 886, 895, 197 L.Ed.2d 145 (2017). Accordingly, we affirm. We also grant counsel’s motion to withdraw.
. The Honorable Greg Kays, Chief Judge, United States District Court for the Western District of Missouri.
Reference
- Full Case Name
- Steven S. COWAN, Movant-Appellant, v. UNITED STATES of America, Respondent-Appellee
- Status
- Unpublished