Sykes v. United States of America (INMATE 3)
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,
UNITED STATES OF AMERICA,
CIVIL ACTION NO.
Pursuant to 28 U.S.C. § 2255, petitioner Payton Lee
Sykes, a federal prisoner, filed this lawsuit seeking
Specifically, he seeks to vacate, set
aside, or correct the sentence this court imposed upon
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
Sykes was convicted of one count of being a felon
in possession of a firearm, in violation of 18 U.S.C.
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
Proceeding On § 2255 Motion (doc. no. 7).
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?