PEARSALL v. U.S., 7:04-CR-00045-F-1 (2014)
Court: District Court, E.D. North Carolina
Number: infdco20141210c06
Visitors: 15
Filed: Dec. 09, 2014
Latest Update: Dec. 09, 2014
Summary: ORDER JAMES C. FOX, Senior District Judge. This matter is before the court on Norwood P. Pearsall's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 [DE-41]. The Government has filed a Response [DE-48] to the pending section 2255 motion. The matter is now ripe for disposition. In his section 2255 motion, Pearsall argues that in light of United States v. Simmons, 649 F.3d 237 (4th Cir. 2011), he did not have any felony convictions at the time he possessed the f
Summary: ORDER JAMES C. FOX, Senior District Judge. This matter is before the court on Norwood P. Pearsall's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 [DE-41]. The Government has filed a Response [DE-48] to the pending section 2255 motion. The matter is now ripe for disposition. In his section 2255 motion, Pearsall argues that in light of United States v. Simmons, 649 F.3d 237 (4th Cir. 2011), he did not have any felony convictions at the time he possessed the fi..
More
ORDER
JAMES C. FOX, Senior District Judge.
This matter is before the court on Norwood P. Pearsall's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 [DE-41]. The Government has filed a Response [DE-48] to the pending section 2255 motion. The matter is now ripe for disposition.
In his section 2255 motion, Pearsall argues that in light of United States v. Simmons, 649 F.3d 237 (4th Cir. 2011), he did not have any felony convictions at the time he possessed the firearm for which he is charged. Pearsall concludes that he is actually innocent of being a felon in possession of a firearm. In its Response, the Government agrees that pursuant to Simmons, Pearsall had not sustained a conviction for an offense punishable by imprisonment for a term exceeding one year at the time of the instant offense. Further, the Government agrees to waive any defense based on the statute of limitations, 28 U.S.C. § 2255(£), and asks the court to vacate Pearsall's § 922(g)( 1) conviction.
In light of the record in this case, including the Government's concessions, Pearsall's section 2255 motion [DE-41] is ALLOWED. The February 23, 2005 Judgment [DE-23] of conviction and sentence hereby is VACATED. The requisite showing to support a certificate of appealability has not been made. Therefore, a certificate of appealability is DENIED.
SO ORDERED.
Source: Leagle
