United States District Court, S.D. Florida
REPORT AND RECOMMENDATION
M. OTAZO-REYES UNITED STATES MAGISTRATE JUDGE.
CAUSE came before the Court upon Movant Carl Richard
Samson's ("Samson" or "Movant")
Motion Under 28 U.S.C. § 2255 ("Section 2255")
to Vacate, Set Aside, or Correct Sentence by a Person in
Federal Custody (hereafter, "Motion to Vacate")
[D.E. 5]. This matter was referred to the undersigned by the
Honorable Robert N. Scola, Jr., United States District Judge,
pursuant to Title 28, United States Code, Section 636 [D.E.
21]. The undersigned held a hearing on this matter on August
17, 2017 [D.E. 29]. For the reasons stated below, the
undersigned respectfully recommends that the Motion to Vacate
September 9, 2011, Samson was charged by way of a Superseding
Indictment (hereafter, "Indictment") in Case No.
10-20855-CR-MGC (hereafter, "Case 10-20855") with
the following crimes:
Count 1: Conspiracy to commit Hobbs Act Robbery, on
November 11, 2010, in violation of 18 U.S.C. § 1951(a).
Count 2: Attempted Hobbs Act Robbery, on November
11, 2010, in violation of 18 U.S.C. § 1951(a) and 2.
Count 3: Knowingly using and carrying a firearm
during and in relation to a crime of violence and knowing
possession of a firearm in furtherance of a crime of
violence, namely, conspiracy to commit Hobbs Act Robbery and
Attempted Hobbs Act Robbery, as charged in Counts 1 and 2, on
November 11, 2010, in violation of 18 U.S.C. §
924(c)(1)(A)(iii) and 2.
See Indictment [Case 10-20855, D.E. 208 (docketed on
February 16, 2012, a jury found Samson guilty as to all three
Counts of the Indictment [Case 10-20855, D.E. 270 (docketed
2/17/2012)]. On June 13, 2012, Samson was sentenced to a term
of 320 months, consisting of: 200 months as to Counts 1 and 2
to be served concurrently; and 120 months as to Count 3, to
be served consecutively to Counts 1 and 2. See
Judgment [Case 10-20855, D.E. 297 (docketed on 6/14/2012)].
On January 6, 2014, the Eleventh Circuit affirmed the
judgment [Case 10-20855, D.E. 347]. On June 23, 2014, the
United States Supreme Court denied Samson's petition for
writ of certiorari [Case 10-20855, D.E. 351 (docketed on
27, 2016, Samson filed the Motion to Vacate, relying on the
United States Supreme Court's ruling in Johnson v.
United States, 135 S.Ct. 2551 (2015) that the Armed
Career Criminal Act's ("ACCA") "residual
clause" is unconstitutionally vague and arguing that
conspiracy to commit Hobbs Act Robbery and attempted Hobbs
Act Robbery no longer qualify as crimes of violence under 18
U.S.C. § 924(c)(1)(A). See Motion to Vacate
[D.E. 5 at 14]. On July 19, 2016, the Eleventh Circuit
granted Samson leave to file the Motion to Vacate as a
successive Section 2255 motion. See Eleventh Circuit
Opinion [D.E. 14].
18, United States Code, Section 924(c) (hereafter,
"Section 924(c)") provides in pertinent part:
(c)(1)(A) Except to the extent that a greater minimum
sentence is otherwise provided by this subsection or by any
other provision of law, any person who, during and in
relation to any crime of violence or drug trafficking crime
(including a crime of violence or drug trafficking crime that
provides for an enhanced punishment if committed by the use
of a deadly or dangerous weapon or device) for which the
person may be prosecuted in a court of the United States,
uses or carries a firearm, or who, in furtherance of any such