Williams v. USA

Filing 6

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the motion of Terrance Williams to vacate, set aside, or correct sentence [Doc. # 2 ] 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. Terrance Williams, No. 4:14-CR-155 (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
TERRANCE WILLIAMS,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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) No. 4:16-CV-1036 (CEJ)
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MEMORANDUM AND ORDER
This matter is before the Court on the motion of Terrance Williams 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 188-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 and a federal felony conviction for
possession with intent to distribute in excess of five grams of cocaine base.
In in its response to the motion to vacate, the United States concedes that
movant’s burglary second degree convictions are no longer a predicate offenses that
can 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
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 of Terrance Williams to vacate, set
aside, or correct sentence [Doc. # 2] 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. Terrance Williams, No.
4:14-CR-155 (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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