Jeremy Deperalta v. United States

U.S. Court of Appeals for the Eighth Circuit
Jeremy Deperalta v. United States, 703 F. App'x 451 (8th Cir. 2017)

Jeremy Deperalta v. United States

Opinion

PER CURIAM.

Jeremy Deperalta appeals following the district court’s- 1 order denying his 28 U.S.C. § 2255 motion. Deperalta claimed that his 63-month prison term, which was ' imposed pursuant to the advisory Sentencing Guidelines after he pleaded'guilty to being a felon in possession of a firearm, was unconstitutional in light of the Supreme Court’s decision in Johnson v. United States, — U.S. —, 135 S.Ct. 2551, 2557-58, 192 L.Ed.2d 569 (2015), invalidat.ing as unconstitutionally vague a provision of the Armed Career Criminal Act known as the “residual clause.” After the district court denied Deperalta’s motion, the Supreme Court issued Beckles v. United States, — U.S. —, 137 S.Ct. 886, 890, 197 L.Ed.2d 145 (2017), holding that advisory Guidelines are not subject to constitutional vagueness challenges under Due Process Clause. The judgment of the district court is thus affirmed, and counsel’s motion to withdraw is granted.

1

. The Honorable Dean Whipple, United States District Judge for the Western District of Missouri,

Reference

Full Case Name
Jeremy M. DEPERALTA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee
Status
Unpublished