Blackmon v. USA

Filing 4

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the motion of Brandon L. Blackmon 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. # 3 ] is gr anted. IT IS FURTHER ORDERED that movant Brandon L. Blackmon shall be brought before the Court for re-sentencing on Thursday, March 2, 2017, at 11:00 a.m. An order vacating the judgment will be entered separately. (cc: USMS) ( In Court Hearing set for 3/2/2017 11:00 AM in Courtroom 14N before District Judge Carol E. Jackson.). Signed by District Judge Carol E. Jackson on 2/17/17. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BRANDON L. BLACKMON,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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) No. 4:16-CV-925 (CEJ)
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MEMORANDUM AND ORDER
This matter is before the Court on the motion of Brandon L. Blackmon 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 120-month term of imprisonment. His status as an
armed career criminal was premised on his three prior Missouri felony convictions for
burglary first degree and burglary second degree.

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 is entitled to relief under Johnson v. United States, 135 S.Ct. 2551 (2015).
The judgment entered on January 11, 2011 will be vacated, and movant will be resentenced without application of the ACCA.
Accordingly,

IT IS HEREBY ORDERED that the motion of Brandon L. Blackmon 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. # 3] is granted.
IT IS FURTHER ORDERED that movant Brandon L. Blackmon shall be
brought before the Court for re-sentencing on Thursday, March 2, 2017, at 11:00
a.m.
An order vacating the judgment will be entered separately.

__________________________
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 17th day of February, 2017.

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