Jones

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

UNITED STATES OF AMERICA,

Case No. 5:94-cr-20079-EJD-1 Plaintiff, ORDER DENYING DEFENDANT’S v. MOTION TO VACATE UNDER 28 U.S.C. § 2255

ANTHONY JAMAL JONES

Re: Dkt. Nos. 40, 44 Defendant.

Defendant Mr. Anthony Jamal Jones filed a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his conviction and twenty-five year sentence under 18 U.S.C. § 924(c) for two counts of use of a firearm in connection with a “crime of violence.” Def.’s Mot. (Dkt. No. 44) at 1. The court based this twenty-five year sentence on Defendant’s predicate convictions for a “crime of violence”—armed bank robbery in violation of 18 U.S.C. § 2113(a) and (d). Defendant argues his sentence under Section 924(c) violates due process because his “armed-bank-robbery convictions no longer qualify as crimes of violence” under…