United States District Court, M.D. Georgia, Macon Division
Under 28 U.S.C. § 2255 Before the U.S. Magistrate Judge
REPORT AND RECOMMENDATION
Charles H. Weigle, United States Magistrate Judge
James Albert Bethea filed a pro se Motion to Vacate under 28
U.S.C. § 2255 seeking relief from his sentence under 18
U.S.C § 922(g) in combination with § 924(e) in
light of Johnson v. United States, 135 S.Ct. 2551
(2015). Currently before the Court is a Motion to Dismiss
filed by the United States of America. For the following
reasons, it is RECOMMENDED that the
Government's Motion to Dismiss (Doc. 71) be
GRANTED and Petitioner's Motion to
Vacate be DENIED.
April 23, 2018, Petitioner entered a plea of guilty to Count
Two of the superseding indictment which charged Petitioner
with “Possession of a Firearm by a Convicted Felon in
violation of Title 18, United State Code, Section 922(g)(1)
and 924(e).” Doc. 47, p. 3.
indictment charged as follows:
That on or about July 30, 2006, in the Macon Division of the
Middle District of Georgia and elsewhere within the
jurisdiction of this Court, James Albert Bethea, having been
convicted of crimes punishable by imprisonment for a term
exceeding one (1) year, did knowingly receive and possess a
firearm which had previously been shipped and transported in
interstate commerce, to wit: one Hi- Point Model C9, 9mm
pistol, serial number P1282121; all in violation of Title 18,
United States Code, Sections 922(g)(1) and 924(e)(1).
Said crimes punishable by imprisonment for a term exceeding
one (1) year being more particularly described as:
the offense of Possession With Intent to Distribute Cocaine
on September 12, 1994 in Criminal Case No. 94-SPCR-34 in the
Superior Court of Washington County, Georgia;
the offense of Sale of Cocaine on November 16, 1995 in
Criminal Case No. 95-CR-50 in the Superior Court of
Washington County, Georgia;
the offense of Aggravated Assault on May 27, 1998 in Criminal
Case No. 98-CR-30B in the Superior Court of Washington
County, Georgia; and,
the offense of Sale of Marijuana on February 17, 2000 in
Criminal Case No. 99-CR-101 in the Superior Court of
Washington County, Georgia.
Doc. 25, p. 3.
was entered on August 19, 2008, and Petitioner received a
total term of imprisonment of 180 months followed by 5 years
supervised release. Doc. 61. Petitioner did not appeal his
conviction, and over seven years after judgment was ...