United States v. Peterson

MEMORANDUM OPINION

JOHN D. BATES, District Judge.

Defendant Thomas E. Peterson, Jr. has moved to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. Peterson seeks relief based on Chambers v. United States, 555 U.S. 122, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009), arguing that he was erroneously sentenced as a career offender when, under Chambers, one of his predicate offenses — -failure to report to a halfway house — did not actually qualify as a “crime of violence.” The Court concludes that Peterson’s motion is both untimely and procedurally defaulted, and hence it will be denied.

BAC…