Reed v. USA

Filing 7

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the motions of Saadi Reed to vacate, set aside, or correct sentence [Doc. # 1 ] and to supplement the motion to vacate [Doc. # 2 ] are granted. IT IS FURTHER ORDERED that the joint motion for rel ief under 28 U.S.C. § 2255 [Doc. # 6 ] 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. Saadi Reed, No. 4:09-CR-117 (CEJ). An order vacating the judgment will be entered separately.. Signed by District Judge Carol E. Jackson on 3/3/17. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SAADI REED,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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) No. 4:16-CV-856 (CEJ)
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MEMORANDUM AND ORDER
This matter is before the Court on the motions of Saadi Reed to vacate, set
aside, or correct sentence, pursuant to 28 U.S.C. ' 2255, and to supplement the
motion to vacate. Also before the Court is 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 210-month term of imprisonment. 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, and armed
criminal action.

Following the decision of the Supreme Court in Mathis v. United

States, 136 S.Ct. 2243 (2016), burglary second degree of an inhabitable structure 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 in the underlying
criminal case will be vacated, and movant will be re-sentenced without application of
the ACCA.

Accordingly,
IT IS HEREBY ORDERED that the motions of Saadi Reed to vacate, set
aside, or correct sentence [Doc. # 1] and to supplement the motion to vacate [Doc.
# 2] are granted.
IT IS FURTHER ORDERED that the joint motion for relief under 28 U.S.C. §
2255 [Doc. # 6] 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. Saadi Reed, No. 4:09-CR117 (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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