Sykes v. United States of America (INMATE 3)

Filing 11

OPINION. The parties agree that Sykes is entitled to relief under Johnson and Welch. See Joint Proposal for Proceeding On § 2255 Motion (doc. no. 7 ). Accordingly, the court will grant his petition, vacate his sentence, and resentence him. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 7/15/2016. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

PAYTON LEE SYKES,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
2:16cv473-MHT
(WO)

OPINION
Pursuant to 28 U.S.C. § 2255, petitioner Payton Lee
Sykes, 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.

Career Criminal Act (ACCA).

§ 924(e)(1)

of

the

Armed

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.
Sykes 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 of

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

Johnson

and

Welch.

See

Joint

Proposal

for

Proceeding On § 2255 Motion (doc. no. 7).
Accordingly,

the

court

will

grant

his

petition,

vacate his sentence, and resentence him.
An appropriate judgment will be entered.
DONE, this the 15th day of July, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE