Oliver v. U.S.

Dist. Ct. did not err in denying defendants’ section 2255 motions seeking to vacate their firearm convictions under 28 USC section 924(c) for brandishing firearm during “crime of violence,” i.e. theft from federally licensed firearm dealer under 18 USC section 922u, where offense under section 922u was not crime of violence. Both defendants had entered into plea agreements that contained express collateral attack waivers. As such, defendants could not proceed on their section 2255 petitions. Ct. rejected defendants’ claims that: (1) their “jurisdictional” challenges to their convictions are non-waivable; (2) allowing their convictions to stand would result in miscarriage of justice, where court found that defendants’ actions also constituted Hobbs Act violation, which qualifies as crime of violence; and (3) their firearm convictions under section 924(c) rested on constitutionally impermissible factor, where court noted that normal constitutional challenges to statute of conviction fall within scope of valid waiver.