Jeremy M. Deperalta, Petitioner - Appellant, v. United States of America, Respondent - Appellee.

Reset A A Font size: Print

United States Court of Appeals, Eighth Circuit.

Jeremy M. Deperalta, Petitioner - Appellant, v. United States of America, Respondent - Appellee.

No. 16-2187

Decided: November 30, 2017

Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges.

Jeremy Deperalta appeals following the district court's 1 order denying his 28 U.S.C. § 2255 motion. Deperalta claimed that his 63-month prison term, which was 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.

FOOTNOTES

1.   The Honorable Dean Whipple, United States District Judge for the Western District of Missouri.

PER CURIAM.