Johnson v. United States of America (INMATE 3)
OPINION. Signed by Honorable Judge Myron H. Thompson on 7/11/2016. (furn: ag) (wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
TIMOTHY TYRONE JOHNSON,
UNITED STATES OF AMERICA,
CIVIL ACTION NO.
Pursuant to 28 U.S.C. § 2255, petitioner Timothy
Tyrone Johnson, a federal prisoner, filed this lawsuit
vacate, set aside, or correct the sentence this court
imposed upon him pursuant to 18 U.S.C. § 924(e)(1) of
the Armed Career Criminal Act (ACCA).
He relies on the
Supreme Court's decisions in Johnson v. United States,
576 U.S. ___, 135 S. Ct. 2551 (2015), that the residual
Welch v. United States, ___ U.S. ___, 136 S. Ct. 1257
Johnson was convicted of one count of being a felon
in possession of a firearm, in violation of 18 U.S.C.
imprisonment pursuant to § 924(e)(1) based on two prior
conviction for third-degree robbery.
relief under Johnson and Welch.
See Joint Proposal for
Proceeding On § 2255 Motion (doc. no. 8).
vacate his sentence, and resentence him.
An appropriate judgment will be entered.
DONE, this the 11th day of July, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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