Filed: Jul. 15, 2016
Latest Update: Jul. 15, 2016
Summary: OPINION MYRON H. THOMPSON , District Judge . Pursuant to 28 U.S.C. 2255, petitioner Payton Lee Sykes, a federal prisoner, filed this lawsuit seeking habeas relief. Specifically, he seeks to vacate, set aside, or correct the sentence this court imposed upon him pursuant to 18 U.S.C. 924(e)(1) of the Armed Career Criminal Act (ACCA). He relies on the Supreme Court's decisions in Johnson v. United States, 576 U.S. ___, 135 S.Ct. 2551 (2015), that the residual clause of 924(e) is unco
Summary: OPINION MYRON H. THOMPSON , District Judge . Pursuant to 28 U.S.C. 2255, petitioner Payton Lee Sykes, a federal prisoner, filed this lawsuit seeking habeas relief. Specifically, he seeks to vacate, set aside, or correct the sentence this court imposed upon him pursuant to 18 U.S.C. 924(e)(1) of the Armed Career Criminal Act (ACCA). He relies on the Supreme Court's decisions in Johnson v. United States, 576 U.S. ___, 135 S.Ct. 2551 (2015), that the residual clause of 924(e) is uncon..
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OPINION
MYRON H. THOMPSON, District Judge.
Pursuant to 28 U.S.C. § 2255, petitioner Payton Lee Sykes, a federal prisoner, filed this lawsuit seeking habeas relief. Specifically, he seeks to vacate, set aside, or correct the sentence this court imposed upon him pursuant to 18 U.S.C. § 924(e)(1) of the Armed Career Criminal Act (ACCA). He relies on the Supreme Court's decisions in Johnson v. United States, 576 U.S. ___, 135 S.Ct. 2551 (2015), that the residual clause of § 924(e) is unconstitutionally vague, and Welch v. United States, ___ U.S. ___, 136 S.Ct. 1257 (2016), that the Johnson decision is retroactive on collateral review.
Sykes was convicted of one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He was then sentenced to 180 months of imprisonment pursuant to § 924(e)(1) based in part on prior convictions for third-degree burglary.
The parties agree that Sykes is entitled to relief under Johnson and Welch. See Joint Proposal for Proceeding On § 2255 Motion (doc. no. 7).
Accordingly, the court will grant his petition, vacate his sentence, and resentence him.
An appropriate judgment will be entered.
