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, )
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.
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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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