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United States v. Ames

United States District Court, D. Oregon

February 15, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
STANLEY NOEL AMES, Defendant.

          BILLY J. WILLIAMS United States Attorney.

          JANE H. SHOEMAKER Assistant United States Attorney 1000 S.W. Third Avenue, Suite 600 Portland, OR 97204 (503) 727-1014 Attorneys for Plaintiff.

          LISA C. HAY Federal Public Defender.

          STEPHEN R. SADY Chief Deputy Federal Public Defender.

          ELIZABETH G. DAILY Assistant Federal Public Defender 101 S.W. Main Street Suite 1700 Portland, OR 97201 (503) 326-2123 Attorneys for Defendant.

          OPINION AND ORDER

          ANNA J. BROWN United States Senior District Judge.

         This matter comes before the Court on Defendant Stanley Noel Ames's Motion (#201) to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. § 2255. For the reasons that follow, the Court DENIES Defendant's Motion but GRANTS Defendant a certificate of appealability.

         BACKGROUND

         On December 7, 2010, Defendant was charged in an Indictment with Conspiracy to Commit Armed Bank Robbery; two counts of Armed Bank Robbery in violation of 18 U.S.C. § 2113(a) and (d); two counts of Using, Carrying, Brandishing and Discharging a Firearm During and in Relation to a Crime of Violence in violation of 18 U.S.C. § 924(c)(1)(A); on count of Felon in Possession of a Firearm in violation of 18 U.S.C. § 922(g)(1); and one count of Felon in Possession of Body Armor in violation of 18 U.S.C. § 921(a)(35).

         On March 19, 2012, Defendant pled guilty to the one count of Conspiracy to Commit Armed Bank Robbery; the two counts of Armed Bank Robbery; and one of the two counts of Using, Carrying, Brandishing and Discharging a Firearm During and in Relation to a Crime of Violence.

         On August 6, 2012, Senior District Judge Garr M. King held a sentencing hearing and sentenced Defendant to a 60-month term of imprisonment on the conspiracy count and 100-month terms of imprisonment on both of the armed bank robbery counts to be served concurrently. Judge King also imposed a mandatory minimum consecutive sentence of 120 months on the count of Using, Carrying, Brandishing and Discharging a Firearm and sentenced Defendant to five years of supervised release.

         On August 8, 2012, the Court entered a Judgment. Defendant did not appeal his conviction.

         On June 24, 2016, Defendant filed a Motion to Vacate or Correct Sentence Pursuant to 28 U.S.C. § 2255 in which he asserts the Court's sentence imposed as to the § 924(c) count violates the Constitution or laws of the United States because “the underlying offense of armed bank robbery no longer qualifies as a crime of violence” after the Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2551 (2015).

         On December 20, 2017, Defendant's Motion to Vacate was fully briefed, and ...


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