Watson v. USA

Filing 5

ORDER entered by Judge Howard F. Sachs. Defendant's motion to set aside judgment (Doc. 2) is GRANTED. The judgment as to Count Two is VACATED and the conviction is DISMISSED. It is further ORDERED that the Probation Office prepare an addendum to the presentence investigation report, within sixty days, addressing any changes to the advisory Sentencing Guidelines calculations. A hearing for re-sentencing on Count One shall be scheduled when appropriate. Signed on 9/9/20 by District Judge Howard F. Sachs. (Matthes Mitra, Renea)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
JUSTIN D. WATSON
Petitioner,
v.
UNITED STATES OF AMERICA
Respondent.

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) Case No. 19-00786-CV-W-HFS
) Crim. Case 17-00103-CR-HFS
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ORDER

Petitioner has filed a motion seeking to set aside the
judgment in this case pursuant to 28 U.S.C. § 2255. Specifically,
defendant contends that his conviction under Count Two for using
a firearm during and in relation to a “crime of violence” in
violation of 18 U.S.C. § 924(c)(1)(A), with the underlying “crime of
violence” being conspiracy to commit kidnapping.

Case 4:19-cv-00786-HFS Document 5 Filed 09/09/20 Page 1 of 3

The Government concedes that defendant’s conviction and
sentence as to Count Two violates the Supreme Court’s ruling in
United States v. Davis, 139 S.Ct. 2319 (2019), and is invalid.
Accordingly, it is hereby
ORDERED that defendant’s motion to set aside judgment
(Doc. 2) is GRANTED. The judgment as to Count Two is VACATED
and the conviction is DISMISSED. It is further
ORDERED that the Probation Office prepare an addendum to
the presentence investigation report, within sixty days, addressing
any changes to the advisory Sentencing Guidelines calculations. A
hearing for re-sentencing on Count One shall be scheduled when
appropriate.
s/ HOWARD F. SACHS
HOWARD F. SACHS
UNITED STATES DISTRICT JUDGE
September 9, 2020
Kansas City, Missouri

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