Moultry v. United States of America (INMATE 3)

Filing 8

OPINION. Signed by Honorable Judge Myron H. Thompson on 7/11/2016. (kh, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION ADRIAN MOULTRY, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:16cv481-MHT (WO) OPINION Pursuant to 28 U.S.C. § 2255, petitioner Adrian Moultry, 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. Moultry was convicted of one count of possession with intent controlled to distribute, substance in or distribution violation of 21 of, a U.S.C. § 841(a)(1) & (b)(1)(B), one count of possession of a firearm in relation to drug trafficking in violation of 18 U.S.C. § 924(c)(1)(A), and 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 192 months’ imprisonment pursuant to § 924(e)(1) based on prior convictions for third-degree burglary. The parties agree that Johnson relief under Johnson and Welch. is entitled to See Joint Proposal for Proceeding On § 2255 Motion (doc. no. 4). 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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