Jeremy Deperalta v. United States ( 2017 )

United States Court of Appeals
For the Eighth Circuit
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No. 16-2187
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Jeremy M. Deperalta,
lllllllllllllllllllllPetitioner - Appellant,
v.
United States of America,
lllllllllllllllllllllRespondent - Appellee.
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: November 20, 2017
Filed: November 30, 2017
[Unpublished]
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Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges.
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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.
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