U.S. v. Henderson, 03-50069-01 (2018)
Court: District Court, W.D. Louisiana
Number: infdco20180424a77
Visitors: 7
Filed: Apr. 23, 2018
Latest Update: Apr. 23, 2018
Summary: ORDER S. MAURICE HICKS, JR. , Chief District Judge . The Court is now considering Petitioner David Jacob Henderson's ("Petitioner") "Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255" (Record Document 41) and his "Second Supplemental Motion to Vacate under 28 U.S.C. 2255" (Record Document 57). The Government filed its "Answer" to Petitioner's Motion on September 1, 2015 (Record Document 45), accompanied by a memorandum in support in which it argued Johnson v. United
Summary: ORDER S. MAURICE HICKS, JR. , Chief District Judge . The Court is now considering Petitioner David Jacob Henderson's ("Petitioner") "Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255" (Record Document 41) and his "Second Supplemental Motion to Vacate under 28 U.S.C. 2255" (Record Document 57). The Government filed its "Answer" to Petitioner's Motion on September 1, 2015 (Record Document 45), accompanied by a memorandum in support in which it argued Johnson v. United ..
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ORDER
S. MAURICE HICKS, JR., Chief District Judge.
The Court is now considering Petitioner David Jacob Henderson's ("Petitioner") "Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255" (Record Document 41) and his "Second Supplemental Motion to Vacate under 28 U.S.C. § 2255" (Record Document 57). The Government filed its "Answer" to Petitioner's Motion on September 1, 2015 (Record Document 45), accompanied by a memorandum in support in which it argued Johnson v. United States, ___ U.S. ___, 135 S.Ct. 2551 (2015), did not apply retroactively on collateral review before briefly addressing whether Petitioner was entitled to relief under Johnson. See Record Document 45-1 at 5-8. In light of the Supreme Court's decision in Welch v. United States, ___ U.S. ___, 165 S.Ct. 1257, 1268 (2016), holding that Johnson does, in fact, apply retroactively on collateral review,
IT IS ORDERED that the Government submit a response to Petitioner's original and supplemental motions to vacate (Record Documents 41 and 57) no later than April 30, 2018. Particularly, the Court orders the Government to address whether Petitioner's prior state convictions of "Simple Burglary" (La. R.S. 14:62) and "Second Degree Battery" (La. R.S. 14:34.1) qualify as a "violent felony" pursuant to 18 U.S.C. § 924(e)(2)(B).
Source: Leagle
