ORDER

CHARLES R. BUTLER, Jr., Senior District Judge.

In response to Petitioner Brian John McGuire's motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255, the government agrees that Petitioner's sentence under the Armed Career Criminal Act (ACCA) is due to be vacated.1 (Docs. 24 & 26.) Petitioner was convicted of possessing a firearm after having "been convicted . . . of a crime punishable by imprisonment for a term exceeding one year" under 18 U.S.C. § 922(g). On January 12, 2006, he was sentenced to 180 months imprisonment, the minimum sentence under the ACCA enhancement. Absent that enhancement, the maximum sentence possible for the crime of conviction is 10 years. See 18 U.S.C. § 924(a)(2). Recalculation of Petitioner's guideline range without the ACCA enhancement results in a guideline range sentencing range of 63 to 78 months and supervised release term of 3 years. (See attached.) In Johnson v. United States, 135 S.Ct. 2251 (2015), the Supreme Court held unconstitutional the residual clause of the Armed Career Criminal Act (ACCA). Recently, in Welch v. United States, ___ U.S. ___, No. 15-6418 (April 18, 2016), the Supreme Court held Johnson applies retroactively to cases on collateral review.

Petitioner has served approximately 127 months, which exceeds the 10-year statutory maximum sentence for the offense in the instant case. Because the Petitioner has served the maximum sentence, the Court can see no reason to hold a new sentencing hearing. Therefore, unless either party file an objection on or before May 16, 2016, the Court intends to enter an amended judgment sentencing Petitioner to 78 months imprisonment2 and a 3-year term of supervised release.

Petitioner's motion is GRANTED, and the sentence imposed in this case is VACATED.