Speight v. United States of America

Filing 7

ORDER DIRECTING UNITED STATES TO RESPOND. Signed by Judge James D. Todd on 8/18/17. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
JERRY THOMAS SPEIGHT,
Movant,

VS.

UNITED STATES OF AMERICA,
Respondent.

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Civ. No. 16-1175-JDT-egb
Crim. No. 04-10084-02-JDT

ORDER DIRECTING UNITED STATES TO RESPOND

The Movant, Jerry Thomas Speight, has filed a motion pursuant to 28 U.S.C. § 2255
(ECF No. 1), challenging the sentence imposed after he was convicted of being a felon in
possession of a firearm in violation of 18 U.S.C. § 922(g). He argues that his 175-month
sentence, which was enhanced pursuant to the Armed Career Criminal Act, 18 U.S.C.
§ 924(e), is unlawful under the decisions in Johnson v. United States, 135 S. Ct. 2551 (2015),
and United States v. Stitt, 860 F.3d 854, 860-61 (6th Cir. 2017) (en banc). Movant has also
filed a motion for immediate release. (ECF No. 6.)
It is ORDERED that the United States shall file a response to the § 2255 motion and
Movant’s motion for immediate release within 21 days after the date of this order. The
United States shall ensure that its response specifically addresses whether the Movant’s

various prior Kentucky burglary convictions (Presentence Report ¶¶ 25 & 31) may be
counted as ACCA predicate convictions under the reasoning in Stitt.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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