Sales v. United States of America (INMATE 3)
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,
UNITED STATES OF AMERICA,
CIVIL ACTION NO.
Pursuant to 28 U.S.C. § 2255, petitioner Bobby Joe
Sales, a federal prisoner, filed this lawsuit seeking
Specifically, he seeks to vacate, set
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.
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),
unconstitutionally vague, and Welch v. United States,
___ U.S. ___, 136 S. Ct. 1257 (2016), that the Johnson
United States, 133 S. Ct. 2276 (2013).
In any case,
should be granted.
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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