US v. Dequantey William

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:12-cr-00110-CCE-1,1:14-cv-00832-CCE-LPA Copies to all parties and the district court/agency. [999925209]. Mailed to: Dequantey Maurice Williams FCI MCDOWELL FEDERAL CORRECTIONAL INSTITUTION P. O. Box 1009 Welch, WV 24801. [15-6697]

Appeal: 15-6697

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6697

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DEQUANTEY MAURICE WILLIAMS,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:12-cr-00110-CCE-1; 1:14-cv-00832-CCE-LPA)

Submitted:

August 31, 2016

Decided:

September 8, 2016

Before GREGORY, Chief Judge, and WILKINSON and KING, Circuit
Judges.

Vacated and remanded by unpublished per curiam opinion.

Dequantey Maurice Williams, Appellant Pro Se. Lisa Blue Boggs,
Angela Hewlett Miller, Assistant United States Attorneys,
Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6697

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PER CURIAM:
Dequantey

Maurice

Williams

noted

this

appeal

from

the

district court’s order denying relief on his 28 U.S.C. § 2255
(2012) motion.

We granted a certificate of appealability on the

issue of whether Williams was properly sentenced as an armed career
criminal, 18 U.S.C. § 924(e) (2012).
After the district court entered its order, the Supreme Court
held in Johnson v. United States, 135 S. Ct. 2551 (2015), that the
residual

clause

of

the

Armed

Career

Criminal

Act,

§ 924(e)(2)(b) (2012), is unconstitutionally vague.

18

U.S.C.

Additionally,

we held that North Carolina common law robbery “does not qualify
categorically

as

a

‘violent

felony’

under

[§

924(e)(2)(B)].”

United States v. Gardner, 823 F.3d 793, 804 (4th Cir. 2016).

Based

on Johnson and Gardner, the Government has conceded that Williams
would not be subject to the 15-year mandatory minimum sentence
under § 924(e) if he were sentenced today.

Accordingly, we vacate

the district court’s order denying Williams’ § 2255 motion and
remand this case for further proceedings.

We dispense with oral

argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
VACATED AND REMANDED

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