Morgan v. United States of America

Filing 5

MEMORANDUM OPINION AND ORDER GRANTING Jerry Ray Morgan's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct His Sentence. The Court will set a date for resentencing consistent with this Order. The Federal Public Defender of the Northern District of Alabama is hereby APPOINTED to represent the Defendant at resentencing. Signed by Judge Virginia Emerson Hopkins on 3/15/2016. (JLC)

FILED
2016 Mar-15 PM 02:56
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
JERRY RAY MORGAN,
Petitioner,
v.
UNITED STATES OF
AMERICA,
Respondent.

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Case No.: 1:16-CV-8000-VEH
(1:10-CR-178-VEH-JEO-1)

MEMORANDUM OPINION AND ORDER
INTRODUCTION
This matter is before the Court on Defendant Jerry Ray Morgan’s
(“Defendant”) motion to vacate, set aside, or correct his sentence pursuant to 28
U.S.C. § 2255 (Doc. 1), filed on behalf of Defendant by the Federal Public
Defender of the Northern District of Alabama. The motion states that the United
States of America (the “Government”) does not oppose the relief sought in the
motion. (Id. at p. 8.). Further, the Government has filed a response stating that it is
not opposed to such relief and that it affirmatively waives any statute-of-limitations
or procedural defenses. (Doc. 4, passim). In sum, although the Government believes

that Defendant’s arguments are more appropriately raised under Descamps1 (as
opposed to under Johnson2), the Government agrees that Defendant’s sentence is
due to be vacated and he is due to be resentenced without application of the Armed
Career Criminal Act (“ACCA”) enhancement.
This court agrees. Accordingly, it is hereby ORDERED as follows:
ORDER
1. Defendant Jerry Ray Morgan’s Motion Under 28 U.S.C. § 2255 to Vacate,
Set Aside, or Correct His Sentence (Doc. 1) is GRANTED.
2. The Federal Public Defender of the Northern District of Alabama is hereby
APPOINTED to represent the Defendant at resentencing.
3. The Court will set a date for resentencing consistent with this Order.
DONE and ORDERED this the 15th day of March, 2016.

VIRGINIA EMERSON HOPKINS
United States District Judge

1

Descamps v. United States, ___ U.S. ___, 133 S. Ct. 2276 (2013).

2

Johnson v. United States, ___ U.S. ___, 135 S. Ct. 2551 (2015).