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Rice v. United States

United States District Court, N.D. Alabama, Eastern Division

January 24, 2017

GABRIEL RICE, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent. Criminal No. 1:08-CR-0334-SLB-HGD

          MEMORANDUM OPINION

          SHARON LOVELACE BLACKBURN SENIOR UNITED STATES DISTRICT JUDGE

         This case is presently pending before the court on petitioner Gabriel Rice's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [hereinafter Motion to Vacate]. (Doc. 1; crim. doc. 30; doc. 12.)[1] Citing Mathis v. United States, 136 S.Ct. 2243 (2016), and Johnson v. United States, 135 S.Ct. 2551 (2015), Rice contends he was improperly sentenced under 18 U.S.C. § 924(c). Because binding Eleventh Circuit precedent bars Rice's claims on the merits, the court assumes that his Motion to Vacate is timely filed and is not procedurally barred. For the reasons set forth below, the court finds that Rice's Motion to Vacate is due to be denied.

         On August 26, 2008, an Indictment was filed against Rice. (Crim. Doc. 7.) The Indictment charged:

         COUNT ONE: [18 U.S.C. § 2113(a) and (d)]

         The Grand Jury charges that:

On or about the 16th day of July, 2008, in Calhoun County, within the Northern District of Alabama, the defendant,
GABRIEL DEWAYNE RICE,
did knowingly, intentionally, and unlawfully, by force, violence and intimidation take from the person and presence of another, money, that is, approximately $325, 168 in United States currency, belonging to and in the care, custody, control, management, and possession of Wachovia Bank, the deposits of which were then insured by the Federal Deposit Insurance Corporation (F.D.I.C), and in committing such offense, the defendant did assault and put in jeopardy the life of another person, by the use of a firearm, in violation of Title 18, United States Code, Sections 2113(a) and (d).
COUNT TWO: [18 U.S.C. § 924(c)(1)(A)]
The Grand Jury charges that:
On or about the 16th day of July, 2008, in Calhoun County, within the Northern District of Alabama, the defendant,
GABRIEL DEWAYNE RICE,
did knowingly use and carry a firearm during and in relation to a crime of violence for which he may be prosecuted in a court of the United States, that is, Bank Robbery, as charged in Count One of this indictment, in violation of Title 18, United States Code, Section 924(c)(1)(A).
COUNT THREE: [18 U.S.C. § 2119]
The Grand Jury charges that:
On or about the 16th day of July, 2008, in Calhoun County, within the Northern District of Alabama, the defendant,
GABRIEL DEWAYNE RICE,
with the intent to cause death and serious bodily harm, did knowingly take a motor vehicle from the person and presence of another by force and violence and by intimidation, said vehicle being a Nissan Altima, which had been previously transported, shipped, and received in interstate and foreign commerce, in violation of Title 18, United States Code, Section 2119.
COUNT FOUR: [18 U.S.C. § 924(c)(1)(A)]
The Grand Jury charges that:
On or about the 16th day of July, 2008, in Calhoun County, within the Northern District of ...

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