United States District Court, E.D. California
ORDER DENYING PETITIONER'S § 2255 MOTION ECF
LAWRENCE J. O'NEILL, UNITED STATES CHIEF DISTRICT JUDGE
the Court is Petitioner Roy Allen Green's
(“Petitioner” or “Green”) motion to
vacate, set aside, or correct his sentence under 28 U.S.C.
§ 2255, filed on June 23, 2016. ECF No. 18. On August
19, 2016, the Government filed its opposition. ECF No. 20.
Petitioner filed a reply on December 22, 2016. ECF No. 27.
Having considered the parties' briefing and the record in
this case, the Court DENIES Petitioner's motion.
September 19, 2000, Green pled guilty to conspiracy to
distribute methamphetamine in violation of 21 U.S.C. §
841(a)(1) and 846 (Count 1), two counts of possession of
methamphetamine with intent to distribute in violation of 21
U.S.C. § 841(a)(1) (Counts 2 and 4), and two counts of
possession of a firearm during a drug trafficking offense in
violation of 18 U.S.C. § 924(c)(1) (Counts 3 and 5). ECF
No. 18 at 8; ECF No. 20 at 4. At sentencing, Petitioner was
found to qualify for sentencing under the career offender
provision of section 4B1.1 of the United States Sentencing
Guidelines (“USSG” or “Guidelines”),
based on his drug conviction and two prior convictions for
crimes of violence. Presentence Report (“PSR”)
¶ 22. Specifically, the PSR concludes that
Petitioner's 1980 conviction for assault with a deadly
weapon and his 1986 robbery conviction are qualifying crimes
of violence. Id. ¶¶ 22, 35, 38. With the
enhancement, Petitioner's base offense level was set at
37 pursuant to USSG § 4B1.1. Id. Three points
were subtracted for acceptance of responsibility, bringing
Petitioner's total offense level to 34. Id.
¶¶ 23-24. Petitioner's criminal history
category was set at VI, pursuant to USSG § 4B1.1.
Id. ¶ 44. The applicable Guidelines range was
determined to be 262 to 327 months for Counts 1, 2, and 4,
with an additional 30 years to be served consecutively for
Counts 3 and 5. Id. at 18-19. On January 22, 2001,
the Court adopted Probation's recommendation and
sentenced Green to 687 months in prison. ECF Nos. 14 &
15. Petitioner is also serving a 150-month federal sentence
for a conviction in the Middle District of
Pennsylvania. ECF No. 18 at 10 n.1.
28 U.S.C. § 2255
2255 provides four grounds upon which a sentencing court may
grant relief to a petitioning in-custody defendant:
 that the sentence was imposed in violation of the
Constitution or laws of the United States, or  that the
court was without jurisdiction to impose such sentence, or
 that the sentence was in excess of the maximum authorized
by law, or  is otherwise subject to collateral attack.
28 U.S.C. § 2255(a). Generally, only a narrow range of
claims fall within the scope of § 2255. United
States v. Wilcox, 640 F.2d 970, 972 (9th Cir. 1981).
The alleged error of law must be “a fundamental defect
which inherently results in a complete miscarriage of
justice.” Davis v. United States, 417 U.S.
333, 346 (1974).
Johnson, Welch, and Beckles
to the Armed Career Criminal Act (“ACCA”), a
defendant must be sentenced to a mandatory minimum of 15
years to life in custody if he has three prior convictions
for “a violent felony or a serious drug offense, or
both.” 18 U.S.C. § 924(e)(1). The ACCA defines
“violent felony” as any crime punishable by
imprisonment for a term exceeding one year that:
(i) has as an element the use, attempted use, or threatened
use of physical force against the person of another; or
(ii) is burglary, arson, or extortion, involves use of
explosives, or otherwise involves conduct that presents a
serious potential risk of physical injury to another.
18 U.S.C. § 924(e)(2)(B) (emphasis added). Courts
generally refer to the first clause, § 924(e)(2)(B)(i),
as the “elements clause”; the first part of the
disjunctive statement in (ii) as the “enumerated
offenses clause”; and its second part (starting with
“or otherwise”) as the “residual
clause.” Johnson v. UnitedStates,