Cooper v. United States of America (INMATE 3)

Filing 7

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,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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CIVIL ACTION NO.
2:16cv469-MHT
(WO)

OPINION
Pursuant to 28 U.S.C. § 2255, petitioner Gary Lavon
Cooper, 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.
Cooper 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

140

months’

imprisonment pursuant to § 924(e)(1), based on three
prior convictions for third-degree burglary.
The parties agree that Cooper is entitled to relief
under

Johnson

and

Welch.

See

Joint

Proposal

for

Proceeding On § 2255 Motion (doc. no. 3).
Accordingly,

the

court

will

grant

his

petition,

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