Cooper v. United States of America (INMATE 3)
OPINION. Signed by Honorable Judge Myron H. Thompson on 7/12/16. (djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
GARY LAVON COOPER,
UNITED STATES OF AMERICA,
CIVIL ACTION NO.
Pursuant to 28 U.S.C. § 2255, petitioner Gary Lavon
Cooper, a federal prisoner, filed this lawsuit seeking
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
Cooper 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 three
prior convictions for third-degree burglary.
The parties agree that Cooper is entitled to relief
Proceeding On § 2255 Motion (doc. no. 3).
vacate his sentence, and resentence him.
An appropriate judgment will be entered.
DONE, this the 12th day of July, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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