Jeremy Deperalta v. United States, No. 16-2187 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Loken, and Colloton, Circuit Judges] Prisoner case - Habeas. The advisory Guidelines are not subject to constitutional vagueness challenges under the Due Process Clause - see Beckles v. United States, 137 S. Ct. 886 (2017).
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-2187 ___________________________ Jeremy M. Deperalta, lllllllllllllllllllllPetitioner - Appellant, v. United States of America, lllllllllllllllllllllRespondent - Appellee. ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: November 20, 2017 Filed: November 30, 2017 [Unpublished] ____________ Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges. ____________ PER CURIAM. Jeremy Deperalta appeals following the district court’s1 order denying his 28 U.S.C. § 2255 motion. Deperalta claimed that his 63-month prison term, which was 1 The Honorable Dean Whipple, United States District Judge for the Western District of Missouri. imposed pursuant to the advisory Sentencing Guidelines after he pleaded guilty to being a felon in possession of a firearm, was unconstitutional in light of the Supreme Court’s decision in Johnson v. United States, 135 S. Ct. 2551, 2557-58 (2015), invalidating as unconstitutionally vague a provision of the Armed Career Criminal Act known as the “residual clause.” After the district court denied Deperalta’s motion, the Supreme Court issued Beckles v. United States, 137 S. Ct. 886, 890 (2017), holding that advisory Guidelines are not subject to constitutional vagueness challenges under Due Process Clause. The judgment of the district court is thus affirmed, and counsel’s motion to withdraw is granted. ______________________________ -2-
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