NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 18a0608n.06 Case No. 18-1427 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Dec 04, 2018 RICKY TYRONE CROWDER, ) DEBORAH S. HUNT, Clerk ) Petitioner-Appellant, ) ON APPEAL FROM THE UNITED ) STATES DISTRICT COURT FOR v. ) THE EASTERN DISTRICT OF ) MICHIGAN UNITED STATES OF AMERICA, ) ) Respondent-Appellee. ) BEFORE: BATCHELDER, COOK, and KETHLEDGE, Circuit Judges. COOK, Circuit Judge. Ricky Tyrone Crowder appeals the district court’s denial of his 28 U.S.C. § 2255 motion, arguing that his state robbery convictions no longer qualify as crimes of violence under USSG § 4B1.2’s residual clause after Johnson v. United States, 135 S. Ct. 2551 (2015), and therefore cannot serve as predicates for a career offender enhancement. Because our decision in Raybon v. United States, 867 F.3d 625 (6th Cir. 2017), forecloses this line of attack, we AFFIRM the district court’s denial of Crowder’s motion to vacate. I. In 2001, Crowder pleaded guilty to two counts of bank robbery (Counts I and II), in violation of 18 U.S.C. § 2113(a), and one count of using, carrying and brandishing a firearm during a crime of violence (Count III), in violation of 18 U.S.C. § 924(c)(1)(A)(ii). A year later, during Case No. 18-1427, Crowder v. United States the pre-Booker era when the Sentencing Guidelines were mandatory, see United States v. Booker, 543 U.S. 220, 233 (2005), the district court sentenced Crowder. The court designated Crowder a career offender under USSG § 4B1.2(a) for his two prior convictions for a crime of violence—both state robbery convictions—which increased his Guidelines range to 188 to 235 months (from 100 to 125 months) on Counts I and II. In the end, Crowder received concurrent sentences of 188 months of imprisonment on Counts I and II, and an additional 84 months of imprisonment on Count III. He then appealed the court’s refusal to grant a downward departure, and we affirmed. United States v. Crowder, 100 F. App’x 424, 425 (6th Cir. 2004). Over ten years later, now under the post-Booker advisory Guidelines, Crowder filed this § 2255 motion claiming that Johnson entitled him to resentencing. He argued that, after Johnson, his state convictions for bank robbery no longer qualify as crimes of violence under the residual clause of USSG § 4B1.2. Without those crimes of violence, Crowder would of course not qualify for sentencing as a career offender. The district court denied the motion, finding it untimely under § 2255(f)(1) and (f)(3), but granted Crowder a certificate of appealability. This timely appeal followed. II. Giving fresh review to the district court’s denial as untimely Crowder’s motion to vacate under § 2255, Moss v. United States, 323 F.3d 445, 454 (6th Cir. 2003), we start with the general rule that such a motion must be filed within one year of the “judgment of conviction becom[ing] final.” § 2255(f)(1). For § 2255 purposes, an appealed “judgment of conviction becomes final when the time expires for filing a petition for certiorari ...
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