Sales v. United States of America (INMATE 3)

Filing 16

OPINION. Signed by Honorable Judge Myron H. Thompson on 8/19/2016. (kh, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION BOBBY JOE SALES, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:16cv337-MHT (WO) OPINION Pursuant to 28 U.S.C. § 2255, petitioner Bobby Joe Sales, a federal prisoner, filed this lawsuit seeking habeas relief. aside, or Specifically, he seeks to vacate, set correct the sentence imposed upon him pursuant to 18 U.S.C. § 924(e)(1) of the Armed Career Criminal Act (ACCA). Sales was convicted of two counts of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He was then sentenced to 192 months of imprisonment pursuant to § 924(e)(1) based in part on a prior conviction for third-degree burglary and a prior conviction for illegal sale of drugs. Sales contends that he is entitled to habeas relief based on the Supreme Court's decisions in Johnson v. United States, 576 U.S. ___, 135 S. Ct. 2551 (2015), that the residual clause of § 924(e) is unconstitutionally vague, and Welch v. United States, ___ U.S. ___, 136 S. Ct. 1257 (2016), that the Johnson decision is government, petitioner retroactive in is on contrast, entitled collateral takes to the relief review. The position that under Descamps v. United States, 133 S. Ct. 2276 (2013). In any case, the because court parties need agree not that resolve his this petition issue for habeas both relief should be granted. Accordingly, the court will grant his petition, vacate his sentence, and resentence him. An appropriate judgment will be entered. DONE, this the 19th day of August, 2016. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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