United States v. Boykins

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

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UNITED STATES OF AMERICA )

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v. ) Crim. No. 18-cr-219 (ESH)

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AUSTIN PIERRE BOYKINS, )

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Defendant. )

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MEMORANDUM OPINION AND ORDER Defendant Austin Pierre Boykins was convicted of one count of using, carrying, or possessing a firearm during a drug trafficking offense in violation of 18 U.S.C. § 924(c)(1). (See Judgment, ECF No. 37.) He was sentenced to a 60-month term of imprisonment, to be followed by a 60-month term of supervised release. (Id.)

Proceeding pro se, defendant has filed a motion pursuant to 28 U.S.C. § 2255 to vacate, set aside or correct his sentence in light of the Supreme Court’s recent decision in United States v. Davis, 139 S. Ct. 2319 (2019). (See Def.’s 2255 Mot., Nov. 5, 2019, ECF No. 39.) The government opposes defendant’s motion on the ground that Davis does not apply to defendant’s conviction. (Gov’t Opp., ECF No. 41.) The government is correct, so defendant’s motion will be denied.

Section 924(c)(1) makes it a crime to use, carry, or possess a firearm in connection with either a “drug trafficking crime” or a “crime of violence.” 18 U.S.C. § 924(c)(1)(A). Section 924(c)(2) defines what constitutes a “drug trafficking crime,” while 924(c)(3) defines what constitutes a “crime of violence.” In Davis, the Supreme Court held that the “residual clause” in

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the definition of a “crime of violence” was void for vagueness. 139 S. Ct. at 2325-27.1 But here defendant was convicted of using, carrying, or possessing a firearm during a drug trafficking offense, not during a crime of violence. (See Judgment at 1.) Thus, Davis has no effect on the validity of his conviction.

As Davis does not affect the validity of defendant’s § 924(c) conviction, it is hereby ORDERED that defendant’s § 2255 motion, ECF No. 39, is DENIED; it is further ORDERED that a certificate of appealability will not be issued; and it is further ORDERED that the Clerk shall close the corresponding Civil Action, 19-cv-3469.

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ELLEN S. HUVELLE

United States District Judge DATE: January 8, 2020

1 In § 924(c), a “crime of violence” is defined as “an offense that is a felony” and

(A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or

(B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

18 U.S.C. § 924(c)(3) (emphasis added to “residual clause”).