United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-3085
___________________________
Steven S. Cowan
lllllllllllllllllllllMovant - Appellant
v.
United States of America
lllllllllllllllllllllRespondent - Appellee
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: October 12, 2017
Filed: October 17, 2017
[Unpublished]
____________
Before COLLOTON, BOWMAN, and KELLY, Circuit Judges.
____________
PER CURIAM.
Federal prisoner Steven Cowan, who pled guilty to being a felon in possession
of a firearm, appeals the district court’s1 order denying his 28 U.S.C. § 2255 motion
1
The Honorable Greg Kays, Chief Judge, United States District Court for the
Western District of Missouri.
that challenged his sentence under Johnson v. United States, 135 S. Ct. 2551 (2015)
(invalidating residual clause of Armed Career Criminal Act as unconstitutionally
vague); Cowan specifically challenged his increased base offense level under
U.S.S.G. § 2K2.1. Upon de novo review, we find that the district court properly
denied relief, because Cowan’s sentence was calculated under the advisory
Guidelines, which are not subject to void-for-vagueness challenges. See Beckles v.
United States, 137 S. Ct. 886, 895 (2017). Accordingly, we affirm. We also grant
counsel’s motion to withdraw.
______________________________
-2-