Patterson v. USA

Filing 3

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED, ADJUDGED and DECREED that Petitioner Maurice E. Pattersons Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [ECF No. 1] is GRANTED. Signed by District Judge E. Richard Webber on August 30, 2016. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MAURICE E. PATTERSON,
Petitioner,
vs.
UNITED STATES,
Respondent.

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Case No. 4:16CV00842 ERW

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner Maurice E. Patterson’s Motion under 28
U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [ECF
No. 1]. Petitioner requests the Court vacate his sentence pursuant to Johnson v. United States,
135 S. Ct. 2551 (2015) and Welch v. United States, 136 S. Ct. 1257 (2016). The United States
agrees Petitioner should be resentenced as he is no longer an armed career criminal.1 Petitioner is
no longer an armed career criminal because his prior conviction for possession of an unregistered
sawed-off shotgun falls under the residual clause of the violent felony definition found at 18
U.S.C. § 924(e)(2). The Court does not make a determination as to whether Petitioner’s other
prior convictions qualify as violent felonies. Based on the agreement of the parties and the
Court’s review of the pleadings and relevant case law, the Court will grant Petitioner’s Motion.

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The United States agreed Petitioner is no longer an armed career criminal in its acceptance to the presentence
investigation report filed in United States v. Maurice Patterson, 4:03-CR-136 ERW.

Accordingly,
IT IS HEREBY ORDERED, ADJUDGED and DECREED that Petitioner Maurice E.
Patterson’s Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a
Person in Federal Custody [ECF No. 1] is GRANTED.
Dated: August 30, 2016
E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE