Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hill v. United States

United States District Court, E.D. Missouri, Eastern Division

January 4, 2017

DAREN HILL, Movant,
v.
UNITED STATES OF AMERICA, Respondent,

          OPINION, MEMORANDUM AND ORDER

          HENRY EDWARD AUTREY, UNITED STATES DISTRICT JUDGE

         This matter is before the Court on the motion of Daren Hill to vacate, set aside, or correct sentence under 28 U.S.C. § 2255. The motion will be denied and dismissed.

         Procedural Background

         On June 25, 2004, movant pled guilty to Count I of a two-count Indictment. Count I charged movant with felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). At sentencing on December 14, 2004, movant was deemed an Armed Career Criminal pursuant to 18 U.S.C. § 924(e)(1) pursuant to three prior convictions for serious drug offenses, and he was sentenced to 200 months' imprisonment, such term to be followed by a five-year term of supervised release. See United States v. Hill, 4:04CR175 HEA (E.D.Mo.). In addition, the defendant was ordered to pay a special assessment of $100. Count 2 of the Indictment, which charged movant with Possession of Cocaine Base (Crack), was dismissed at the time of sentencing. Id.

         Movant appealed his sentence to the Eighth Circuit Court of Appeals, arguing that the Court erred in sentencing him as an Armed Career Criminal because he did not admit, nor did a jury determine beyond a reasonable doubt, that his prior convictions were violent felonies or serious drug offenses. On January 26, 2006, the Court of Appeals affirmed his sentence. See United States v. Hill, No. 04-4180 (8th Cir. January 25, 2006).[1]

         On June 20, 2016, movant filed the present motion to vacate his sentence, pursuant to 28 U.S.C. § 2255. In his motion to vacate, movant asserts that he is entitled to relief under Johnson v. United States, 135 S.Ct. 2551 (2015).

         Factual Background of Movant's State Court Prior Convictions

         It is undisputed that on May 6, 1991, movant was convicted in St. Clair County, Illinois, for unlawful delivery of a controlled substance. See State of Illinois v. Hill, Docket No. 91-CF-336. It is also undisputed that on April 12, 1999, movant was convicted in St. Louis, Missouri, of the sale of a controlled substance. See State of Missouri v. Hill, Docket No. 981-2941B. And it is also undisputed that on August 25, 1995, movant was convicted in St. Louis, Missouri, of the sale of a controlled substance. See State of Missouri v. Hill, Docket No. 941-4151A. These drug convictions qualify as serious drug offenses as defined in 18 U.S.C. § 924(e)(2)(A)(ii), in that the offenses involve the manufacture, distribution or possession with intent to manufacture or distribute a controlled substance for which the maximum term of imprisonment of ten years or more is prescribed by law.

         It is also undisputed that on July 19, 1985, the defendant was convicted in St. Clair, Illinois, of attempted armed robbery. See State of Illinois v. Hill, Docket No. 84-CF-922. According to the state-court Indictment, while armed with a gun, movant pointed the gun at a woman, demanded the woman give movant her purse and attempted to take the purse from her person by the use of force. This qualifies as a violent felony under 18 U.S.C. § 924(e) as it has an element, the use, attempted use or threatened use of physical force against the person of another.

         Legal Standard

         A prisoner may move for post-conviction relief under 28 U.S.C. § 2255 for “transgressions of constitutional rights and for a narrow range of injuries that could not have been raised on direct appeal, and, if uncorrected, would result in a complete miscarriage of justice.” United States v. Apfel, 97 F.3d 1074, 1076 (8th Cir. 1996). Specifically, § 2255 provides:

A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.

28 U.S.C. ยง ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.