Opinion
No. 14-11008
04-05-2016
JAMES BERNARD JONES, JR., Petitioner - Appellant, v. UNITED STATES OF AMERICA, Respondent - Appellee.
[DO NOT PUBLISH] Non-Argument Calendar D.C. Docket Nos. 4:13-cv-00142-WTM-GRS, 4: 09-cr-00416-WTM-GRS-1 Appeal from the United States District Court For the Southern District of Georgia
ON REMAND FROM THE UNITED STATES SUPREME COURT
Before MARCUS, JORDAN, and JULIE CARNES, Circuit Judges. PER CURIAM:
This case is here following a remand from the Supreme Court for consideration in light of Johnson v. United States, 135 S. Ct. 2551 (2015). Following review of the record and the parties' supplemental briefs, we affirm the denial of Mr. Jones' motion to vacate pursuant to 28 U.S.C. § 2255.
Briefly stated, Mr. Jones cannot show prejudice from his counsel's failure to object to the BOLEO offense being counted as a qualifying conviction under the career offender provisions of the Sentencing Guidelines. See U.S.S.G. §§ 4B1.1(a) & 4B1.2. As we indicated in our prior opinion, the BOLEO offense constituted a "crime of violence" under the residual clause of the career offender provisions. Because we have recently held that the vagueness principle announced in Johnson does not apply to the career offender provisions of the Sentencing Guidelines, see United States v. Matchett, 802 F.3d 1185 (11th Cir. 2015), any constitutional objection by Mr. Jones' counsel to the use of the residual clause of the career offender guideline would have failed.
We deny Mr. Jones' motion to expand the certificate of appealability to include a freestanding guideline error claim. --------
AFFIRMED.