Moultry v. United States of America (INMATE 3)

Filing 8

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

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.

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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