Ruiz-Martinez v. USA, No. 5:2016cv00135 - Document 8 (S.D. Tex. 2016)

Court Description: MEMORANDUM OPINION AND ORDER. The Government's motion for summary judgment (Docket Entry No. 37) is GRANTED and Defendant's section 2255 motion (Docket Entry No. 28) is DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. The Clerk of Court is ORDERED to administratively close Cause No. L-16-0135. (Signed by Judge Keith P Ellison) Parties notified. (wbostic, 4)

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Ruiz-Martinez v. USA Doc. 8 United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA § § v. JUAN RUIZ-MARTINEZ. David J. Bradley, Clerk CIVIL ACTION NO. L-16-0135 § § § December 14, 2016 CRIMINAL ACTION NO. L-13-843 MEMORANDUM OPINION AND ORDER Defendant Juan Ruiz-Martinez, a federal inmate proceeding prose, filed a section 2255 motion to vacate, set aside, or correct his sentence. (Docket Entry No. 28.) The Government filed an amended motion for summary judgment (Docket Entry No. 37), serving Defendant a copy at his address of record on August 22, 2016. Despite expiration of a reasonable period of time in excess of three months, Defendant has failed to oppose the motion for summary judgment, and the dispositive motion is uncontested. Defendant argues in his section 2255 motion that his sentence for illegal re-entry was enhanced by 16levels, which is unconstitutional under Johnson v. United States,_ U.S. __ , 135 S. Ct. 2551 (2015). He further argues that counsel was ineffective in failing to raise the Johnson claim. In Johnson, the Supreme Court held that the Armed Career Criminal Act's residual clause is unconstitutionally vague. 135 S. Ct. at 2563. The Court explicitly stated that its holding "d[id] not call into question ... the remainder of the Act's definition of a violent felony." Id. Dockets.Justia.com As correctly argued by the Government, the only clause that was deemed unconstitutional by Johnson was the residual clause in the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(ii). In the instant case, Defendant's base offense level for illegal re-entry was eight. The Court then applied a 16-level enhancement under U.S.S.G. §2L1.2(b)(l)(A)(vii) for an Aiding and Abetting Transporting Undocumented Aliens. Defendant was not convicted or sentenced pursuant to the residual clause held unconstitutional in Johnson. Defendant fails to show how Johnson provides any basis for habeas relief in the instant case, either substantively or as to commencement of the one-year federal statute of limitations. Because Johnson had no applicability to Defendant's case, trial counsel cannot be faulted for failing to raise a Johnson claim. The Government's motion for summary judgment (Docket Entry No. 37) is GRANTED and Defendant's section 2255 motion (Docket Entry No. 28) is DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. The Clerk of Court is ORDERED to administratively close Cause No. L-16-0135. Signed at Houston, Texas, on this the /2 ~of December, 2016. ) ?sj_ ~-~ -~~ »/ , 1) C: <-eL_, _ KEITHP. ELLISON UNITED STATES DISTRICT JUDGE 2 J

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