USA v. Archer

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
UNITED STATES OF AMERICA RESPONDENT
v. No. 4:14-cr-40006
No. 4:16-cv-04040
CHRISTIAN ARCHER MOVANT
ORDER
BEFORE the Court is the Motion to File Supplement filed herein by the Movant. ECF No.
49. Movant asks to supplement his claims based on the recent United States Supreme Court
Decision in Sessions v. Dimaya, ___ U.S. ___. 138 S.Ct. 1204 (2018). Dimaya held that Johnson
v. United States, 576 U.S. _____ 135 S.Ct. 2551, 2561–2563 (2015), was applicable to "crime of
violence" as set out in the Immigration and Nationality Act (INA). Here, Movant has not been held
to have violated the INA. Rather, he pled guilty to using and carrying a firearm during a drug
trafficking crime. ECF No. 20. After Johnson was decided, this Court appointed counsel to
represent Movant to determine if Johnson was applicable to his conviction and sentence. ECF No.
43. Said counsel determined that Johnson was not applicable in light of the Supreme Court's
decision in Beckles v. United States, ___ U.S. ___, 137 S. Ct. 886 (2017). This Court agreed and
allowed counsel to withdraw. ECF No. 46. Dimaya is not applicable to Movant's conviction and
sentence as he was not sentenced under the INA.
On June 2, 2017, the undersigned entered a Report and Recommendation recommending the
Court Deny the Motion pursuant to 28 U.S.C. § 2255 filed in this case. ECF No. 47. Movant
objected to that recommendation. ECF No. 48. The Report and Recommendation remains pending.
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IT IS ORDERED, the Motion to File Supplement(ECF No. 49) filed herein by the Movant
is DENIED.
DATED this 15th day of June 2018.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE
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