FILED
United States Court of Appeals
Tenth Circuit
March 30, 2017
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 16-2271
(D.C. Nos. 2:16-CV-00545-RB-SMV
CARLOS PEREZ, and 2:04-CR-01308-RB-1)
(D.N.M.)
Defendant - Appellant.
ORDER
DENYING CERTIFICATE OF APPEALABILITY
Before KELLY, MURPHY, and MATHESON, Circuit Judges.
Defendant-Appellant Carlos Perez seeks a certificate of appealability
(“COA”) to appeal from the district court’s denial of his motion to correct his
sentence under 28 U.S.C. § 2255. Mr. Perez contends that the calculation of his
sentencing guideline range relied on language found unconstitutionally vague in
Johnson v. United States, 135 S. Ct. 2551 (2015). See U.S.S.G. § 4B1.2(a)(2).
The district court found that Mr. Perez’s status as a career offender resulted from
the application of an enumerated offense (burglary of a dwelling) in § 4B1.2(a),
not the language found wanting in Johnson. But even had that language been
applied, the Supreme Court recently held that the void-for-vagueness holding in
Johnson does not apply to the Sentencing Guidelines. Beckles v. United States,
No. 15-8544, 2017 WL 855781, at *6–7 (U.S. Mar. 6, 2017). Accordingly, we
DENY Mr. Perez’s request for a COA and DISMISS the appeal.
Entered for the Court
Paul J. Kelly, Jr.
Circuit Judge
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