Charles Weber v. United States, No. 16-2150 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam. Before Colloton, Bowman, and Kelly, Circuit Judges] Habeas Case - motion to vacate. Challenge to the increased offense level under Guidelines section 2K2.1, was properly denied because sentence under the Guidelines is not subject to void- for-vagueness challenge.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-2150 ___________________________ Charles J. Weber lllllllllllllllllllllPetitioner - Appellant v. United States of America lllllllllllllllllllllRespondent - Appellee ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: October 12, 2017 Filed: October 19, 2017 [Unpublished] ____________ Before COLLOTON, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. Federal prisoner Charles Weber, who pleaded guilty to being a felon in possession of a firearm, appeals from the order of the District Court1 denying his 28 1 The Honorable Dean Whipple, United States District Judge for the Western District of Missouri. U.S.C. § 2255 motion that challenged his sentence under Johnson v. United States, 135 S. Ct. 2551 (2015) (invalidating the residual clause of the Armed Career Criminal Act as unconstitutionally vague). Specifically, Weber challenged his increased offense level under United States Sentencing Guidelines § 2K2.1. After de novo review, we conclude that the District Court properly denied relief because Weber’s sentence was calculated under the advisory Guidelines, which are not subject to voidfor-vagueness challenges. See Beckles v. United States, 137 S. Ct. 886, 895 (2017). Accordingly, we affirm, and we grant counsel’s motion to withdraw. ______________________________ -2-
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