Sales v. United States of America (INMATE 3)

Filing 16

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

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.

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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