Leachman v. USA

Filing 16

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the motion and amended motion of Shaun E. Leachman to vacate, set aside, or correct sentence [Doc. # 1 and # 13 ] are granted. IT IS FURTHER ORDERED that a copy of this Memorandum and Order shall be filed in the underlying criminal case, United States v. Shaun E. Leachman, No. 4:09-CR-705 (CEJ). An order vacating the judgment will be entered separately.. Signed by District Judge Carol E. Jackson on 3/03/17. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SHAUN E. LEACHMAN,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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) No. 4:16-CV-146 (CEJ)
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MEMORANDUM AND ORDER
This matter is before the Court on the motion and amended motion of Shaun
E. Leachman to vacate, set aside, or correct sentence, pursuant to 28 U.S.C. ' 2255.
The United States has filed a response.
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 120-month term of imprisonment.1 His status as
an armed career criminal was premised on his three prior Missouri felony convictions
for burglary second degree of an inhabitable structure, assault first degree of a law
enforcement officer, and resisting arrest by creating a substantial risk of serious
physical injury to others.
In in its response to the motion to vacate, the United States concedes that
movant’s burglary second degree conviction is no longer a predicate offense that may
be used to enhance a sentence under the ACCA.

See Johnson v. United States, 135

S.Ct. 2551 (2015); Mathis v. United States, 136 S.Ct. 2243 (2016); Henderson v.
United States, 2016 WL 4967898 at *6 (W.D. Mo. 2016).

Thus, movant does not

The sentence represented a downward departure from the guideline imprisonment range of
188-235 months.
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have the requisite number of predicate felony convictions to qualify him as an armed
career criminal. Because movant is entitled to relief under Johnson and Mathis, the
judgment entered in the criminal case will be vacated, and movant will be resentenced without application of the ACCA.
Accordingly,
IT IS HEREBY ORDERED that the motion and amended motion of Shaun E.
Leachman to vacate, set aside, or correct sentence [Doc. # 1 and # 13] are
granted.
IT IS FURTHER ORDERED that a copy of this Memorandum and Order shall
be filed in the underlying criminal case, United States v. Shaun E. Leachman, No.
4:09-CR-705 (CEJ).
An order vacating the judgment will be entered separately.

__________________________
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 3rd day of March, 2017.

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