Martin v. United States of America

Filing 22

ORDER granting 1 --motion to vacate, set aside or correct sentence (2255) Criminal Case No. 8:07-cr-336-T-23MAP filed by Darryl Martin; vacating the judgment in the criminal case. Signed by Judge Steven D. Merryday on 8/17/2016. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES OF AMERICA
v.

CASE NO. 8:07-cr-336-T-23MAP
8:15-cv-1951-T-23MAP

DARRYL MARTIN
/

ORDER
Martin moves to vacate under 28 U.S.C. § 2255 and asserts entitlement to
relief under Johnson v. United States, 135 S. Ct. 2551, 2563 (2015), which holds “that
imposing an increased sentence under the residual clause of the Armed Career
Criminal Act violates the Constitution’s guarantee of due process,” and Welch v.
United States, 136 S. Ct. 1257, 1268 (2016), which applies retroactively the right
established in Johnson. In a joint statement (Doc. 21), the United States and Martin
agree (1) that after Johnson; Welch; Mathis v. United States, No. 15-6092, 2016 WL
3434400 (U.S. June 23, 2016), and United States v. Lockett, 812 F.3d 1262 (11th Cir.
2016), Martin’s burglary conviction no longer supports an enhancement under the
Armed Career Criminal Act (“ACCA”) (absent the residual clause) and (2) without
the burglary conviction Martin lacks the necessary felonies to support an enhanced
sentence under the ACCA.

Accordingly, Martin’s motion to vacate under Section 2255 (Doc. 1) is
GRANTED. The Clerk must (1) docket this order in the criminal action, (2) enter a
judgment for Martin in the civil action, and (3) close the civil case. The judgment in
the criminal action (Doc. 52) is VACATED. All further proceedings will occur in
the criminal action.
ORDERED in Tampa, Florida, on August 17, 2016.

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