Hernandez v. USA - 2255, No. 8:2020cv01427 - Document 2 (D. Md. 2022)
Court Description: MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 12/15/2022. (c/m 12/15/2022 ols, Deputy Clerk)
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Hernandez v. USA - 2255 Doc. 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND UNITED STATES OF AMERICA, • V. Grim No. 17-cr-00203-PJM-l JOSE YOBANYS HERNANDEZ Petitioner-Defendant. MEMORANDUM OPINION Petitioner Jose Yobanys Hernandez has filed a Motion to Vacate his Sentence under 28 U.S.C. § 2255. ECF No, 46. No hearing is necessary. See e.g.. United States v. White, 366 F.3d 291,302(4th Cir. 2004). For the reasons that follow,the Court DENIES the Motion. 1. Background On October 11, 2017, Hernandez pled guilty to Count 5 and 6 ofthe Indictment which charged him with Distribution of28 Grams or More of Cocaine Base,in violation of21 U.S.C. § 841 (a)(1), and Felon in Possession of a Firearm and Ammunition, in violation of 18 U.S.C. § 922(g)(1). ECF No 29. Hernandez had previously been convicted of offenses punishable by more than one year ofimprisonment, which precluded him from possessing a firearm under 18 U.S.C. § 922(g). ECF No. 29 at 6. On March 20,2018, he was sentenced to a total of71 months imprisonment,5 years supervised release for Count 5 and 3 concurrent years supervised released for Count 6, plus a $200 special assessment. ECF No.40. On June 3,2020, Hernandez filed his pending Motion to Vacate arguing that his "guilty plea under 18 U.S.C. § 922(g) must be vacated in light ofthe Supreme Court's decision in Rehaif V. United States, 139 S. Ct. 2191 (2019)." ECF No.46 at 1. The Court disagrees. -1- Dockets.Justia.com
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