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Samson v. United States

United States District Court, S.D. Florida

February 6, 2018

CARL RICHARD SAMSON, Movant,
v.
UNITED STATES OF AMERICA, Respondent.

          REPORT AND RECOMMENDATION

          ALICIA M. OTAZO-REYES UNITED STATES MAGISTRATE JUDGE.

         THIS 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 be DENIED.

         PROCEDURAL BACKGROUND

         On 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 9/12/2011)].

         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 6/30/2014)].

         On June 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].

         APPLICABLE LAW

         Title 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 ...

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