United States District Court, D. Oregon
J. WILLIAMS United States Attorney.
H. SHOEMAKER Assistant United States Attorney 1000 S.W. Third
Avenue, Suite 600 Portland, OR 97204 (503) 727-1014 Attorneys
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
J. BROWN United States Senior District Judge.
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.
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).
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.
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.
August 8, 2012, the Court entered a Judgment. Defendant did
not appeal his conviction.
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).
December 20, 2017, Defendant's Motion to Vacate was fully
briefed, and ...