Walls v. USA

Filing 20

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the motion of Maurice Walls to vacate, set aside, or correct sentence [Doc. # 1 ] is granted. IT IS FURTHER ORDERED that the joint motion for relief under 28 U.S.C. § 2255 [Doc. # 19 ] is gr anted. IT IS FURTHER ORDERED that a copy of this Memorandum and Order shall be filed in the underlying criminal case, United States v. Maurice Walls, No. 4:09-CR-722 (CEJ). An order vacating the judgment will be entered separately.. Signed by District Judge Carol E. Jackson on 3/2/17. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MAURICE WALLS,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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) No. 4:15-CV-1505(CEJ)
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MEMORANDUM AND ORDER
This matter is before the Court on the motion of Maurice Walls to vacate, set
aside, or correct sentence, pursuant to 28 U.S.C. ' 2255, and the parties’ joint
motion for relief.
After pleading guilty to being a felon in possession of a firearm, in violation of
18 U.S.C. § 922(g)(1), movant was sentenced under the Armed Career Criminal Act
(ACCA), 18 U.S.C. § 924(e), to a 180-month term of imprisonment. His status as an
armed career criminal was premised on his three prior Missouri felony convictions for
burglary second degree, assault second degree, and unlawful use of a weapon.
Following the decision of the Supreme Court in Mathis v. United States, 136
S.Ct. 2243 (2016), burglary second degree under Missouri law is not generic burglary
under the ACCA, and is not a predicate offense that may be used to enhance a
sentence under the ACCA. See also Henderson v. United States, 2016 WL 4967898
at *6 (W.D. Mo. 2016).

Thus, movant does not have the requisite number of

predicate felony convictions to qualify him as an armed career criminal. Movant is
therefore entitled to relief under Johnson v. United States, 135 S.Ct. 2551 (2015).
The judgment entered on July 6, 2010 will be vacated, and movant will be resentenced without application of the ACCA.

Accordingly,
IT IS HEREBY ORDERED that the motion of Maurice Walls to vacate, set
aside, or correct sentence [Doc. # 1] is granted.
IT IS FURTHER ORDERED that the joint motion for relief under 28 U.S.C. §
2255 [Doc. # 19] is granted.
IT IS FURTHER ORDERED that a copy of this Memorandum and Order shall
be filed in the underlying criminal case, United States v. Maurice Walls, No. 4:09CR-722 (CEJ).
An order vacating the judgment will be entered separately.

__________________________
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 2nd day of March, 2017.

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