MORGAN v. U.S., 1:10-CR-178-VEH-JEO-1. (2016)
Court: District Court, N.D. Alabama
Number: infdco20160316781
Visitors: 14
Filed: Mar. 15, 2016
Latest Update: Mar. 15, 2016
Summary: MEMORANDUM OPINION AND ORDER VIRGINIA EMERSON HOPKINS , District Judge . INTRODUCTION This matter is before the Court on Defendant Jerry Ray Morgan's ("Defendant") motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 (Doc. 1), filed on behalf of Defendant by the Federal Public Defender of the Northern District of Alabama. The motion states that the United States of America (the "Government") does not oppose the relief sought in the motion. ( Id. at p. 8.).
Summary: MEMORANDUM OPINION AND ORDER VIRGINIA EMERSON HOPKINS , District Judge . INTRODUCTION This matter is before the Court on Defendant Jerry Ray Morgan's ("Defendant") motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 (Doc. 1), filed on behalf of Defendant by the Federal Public Defender of the Northern District of Alabama. The motion states that the United States of America (the "Government") does not oppose the relief sought in the motion. ( Id. at p. 8.). F..
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MEMORANDUM OPINION AND ORDER
VIRGINIA EMERSON HOPKINS, District Judge.
INTRODUCTION
This matter is before the Court on Defendant Jerry Ray Morgan's ("Defendant") motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (Doc. 1), filed on behalf of Defendant by the Federal Public Defender of the Northern District of Alabama. The motion states that the United States of America (the "Government") does not oppose the relief sought in the motion. (Id. at p. 8.). Further, the Government has filed a response stating that it is not opposed to such relief and that it affirmatively waives any statute-of-limitations or procedural defenses. (Doc. 4, passim). In sum, although the Government believes that Defendant's arguments are more appropriately raised under Descamps1 (as opposed to under Johnson2), the Government agrees that Defendant's sentence is due to be vacated and he is due to be resentenced without application of the Armed Career Criminal Act ("ACCA") enhancement.
This court agrees. Accordingly, it is hereby ORDERED as follows:
ORDER
1. Defendant Jerry Ray Morgan's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct His Sentence (Doc. 1) is GRANTED.
2. The Federal Public Defender of the Northern District of Alabama is hereby APPOINTED to represent the Defendant at resentencing.
3. The Court will set a date for resentencing consistent with this Order.
DONE and ORDERED.
FootNotes
1. Descamps v. United States, ___ U.S. ___, 133 S.Ct. 2276 (2013).
2. Johnson v. United States, ___ U.S. ___, 135 S.Ct. 2551 (2015).
Source: Leagle
