Steven S. Cowan Movant - v. United States of America

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-3085
___________________________
Steven S. Cowan
lllllllllllllllllllllMovant - Appellant
v.
United States of America
lllllllllllllllllllllRespondent - Appellee
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: October 12, 2017
Filed: October 17, 2017
[Unpublished]
____________
Before COLLOTON, BOWMAN, and KELLY, Circuit Judges.
____________
PER CURIAM.
Federal prisoner Steven Cowan, who pled guilty to being a felon in possession
of a firearm, appeals the district court’s order denying his 28 U.S.C. § 2255 motion1
The Honorable Greg Kays, Chief Judge, United States District Court for the1
Western District of Missouri.

-- 1 of 2 --

that challenged his sentence under Johnson v. United States, 135 S. Ct. 2551 (2015)
(invalidating residual clause of Armed Career Criminal Act as unconstitutionally
vague); Cowan specifically challenged his increased base offense level under
U.S.S.G. § 2K2.1. Upon de novo review, we find that the district court properly
denied relief, because Cowan’s sentence was calculated under the advisory
Guidelines, which are not subject to void-for-vagueness challenges. See Beckles v.
United States, 137 S. Ct. 886, 895 (2017). Accordingly, we affirm. We also grant
counsel’s motion to withdraw.
______________________________
-2-

-- 2 of 2 --