Johnson v. United States of America (INMATE 3)

Filing 11

OPINION. Signed by Honorable Judge Myron H. Thompson on 7/11/2016. (furn: ag) (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION TIMOTHY TYRONE JOHNSON, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:16cv457-MHT (WO) OPINION Pursuant to 28 U.S.C. § 2255, petitioner Timothy Tyrone Johnson, a federal prisoner, filed this lawsuit seeking habeas relief. Specifically, he seeks to 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 clause of § 924(e) is unconstitutionally vague, and Welch v. United States, ___ U.S. ___, 136 S. Ct. 1257 (2016), that the Johnson decision is retroactive on collateral review. Johnson was convicted of one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He was then sentenced to 180 months’ imprisonment pursuant to § 924(e)(1) based on two prior convictions for third-degree burglary and one prior conviction for third-degree robbery. The parties agree that Johnson relief under Johnson and Welch. is entitled to See Joint Proposal for Proceeding On § 2255 Motion (doc. no. 8). Accordingly, the court will grant his petition, 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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