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United States v. Lasich

United States District Court, D. Oregon

July 27, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
MICHAEL GEORGE LASICH, Defendant.

          BILLY J. WILLIAMS United States Attorney THOMAS .H. EDMONDS Assistant United States Attorney Attorneys for Plaintiff

          LISA C. HAY Federal Public Defender STEPHEN R. SADY Chief Deputy Federal Public Def ender ELIZABETH G. DAILY Assistant Federal Public Defender Attorneys for Defendant

          OPINION AND ORDER

          ANNA J. BROWN, UNITED STATES SENIOR DISTRICT JUDGE

         This matter comes before the Court on Defendant Michael George Lasich's Motion (#32) 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.

         BACKGROUND

         On September 6, 2002, Defendant was charged in a Superseding Indictment with two counts of Interference with Commerce by Threat or Violence. (Hobbs Act Robbery) in violation of 18 U.S.C. § 1951, two counts of Brandishing a Firearm during a Crime of Violence in violation of 18 U.S.C. § 924(c), and one count of Felon in Possession of a Firearm in violation of 18 U.S.C. § 922(g) .

         On March 20, 2003, Defendant pled guilty to the two counts of Hobbs Act Robbery and the one count of Brandishing a Firearm.

         On May 29, 2003, Senior District Judge James Redden held a sentencing hearing, sentenced Defendant to concurrent 121-month terms of imprisonment on the two counts of Hobbs Act Robbery, imposed a mandatory consecutive sentence of 84 months on the count of Brandishing a Firearm, and sentenced Defendant to three years of supervised release.

         On June 5, 2003, the Court entered a Judgment. Defendant did not appeal his conviction.

         On June 25, 2016, Defendant filed a Motion (#25) to Vacate or Correct Sentence Pursuant to 28 U.S.C. § 2255 in which he asserts his sentence should be vacated. Specifically, Defendant asserts his sentence was imposed in violation of the Constitution or laws of the United States because Hobbs Act Robbery is not a crime of violence that can support a conviction for violation of 18 U.S.C. § 924(c) after the Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2551 (2015).

         On June 9, 2017, Defendant was released from prison and .- began serving his three-year term of supervised release.

         On December 22, 2017, the Court issued an Opinion and Order in which it denied in part Defendant's Motion to Vacate, Set Aside or Correct Sentence to the extent that Defendant asserted Dean v. United States, 137 S.Ct. 1170 (2017), is retroactively applicable on collateral review; stayed the matter to the extent that Defendant asserted § 924(c)(3)(B) is void for vagueness pursuant to Johnson; and directed the parties to file a joint status report no later than ten days after the Supreme Court issued a ruling in Dimaya v. Lynch, 803 F.3d 1110 (9th Cir. 2015), to advise the Court of the parties' positions on the effect of that ruling.

         On May 25, 2018, the government filed a Supplemental Response to Defendant's Motion to Vacate addressing the Supreme Court's decision in Sessions v. Dimaya, 138 S.Ct. 1204 (2018). On June 8, 2018, Defendant filed a Supplemental Reply to his Motion to Vacate addressing the Supreme Court's decision in Dimaya. The Court took this matter under advisement on June 8, 2018.

         DISCUSSION

         Defendant moves to modify or to set aside his sentences on the ground that Hobbs Act Robbery does not qualify as a crime of violence under 18 U.S.C. § 924(c) after the ...


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