EVANS v. U.S., 5:05-CR-249-BO (2016)
Court: District Court, E.D. North Carolina
Number: infdco20160119909
Visitors: 6
Filed: Jan. 13, 2016
Latest Update: Jan. 13, 2016
Summary: ORDER TERRENCE W. BOYLE , District Judge . This matter is before the Court on petitioner's motion to vacate under 28 U.S.C. 2255 and the government's corresponding motion to dismiss. Petitioner argues that, in light of the Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2551 (2015), his predicate convictions for breaking and entering no longer constitute crimes of violence, thus his sentence under 924(e) is unconstitutional. Pursuant to 15-S0-2, the Office of the Fed
Summary: ORDER TERRENCE W. BOYLE , District Judge . This matter is before the Court on petitioner's motion to vacate under 28 U.S.C. 2255 and the government's corresponding motion to dismiss. Petitioner argues that, in light of the Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2551 (2015), his predicate convictions for breaking and entering no longer constitute crimes of violence, thus his sentence under 924(e) is unconstitutional. Pursuant to 15-S0-2, the Office of the Fede..
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ORDER
TERRENCE W. BOYLE, District Judge.
This matter is before the Court on petitioner's motion to vacate under 28 U.S.C. § 2255 and the government's corresponding motion to dismiss. Petitioner argues that, in light of the Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2551 (2015), his predicate convictions for breaking and entering no longer constitute crimes of violence, thus his sentence under § 924(e) is unconstitutional. Pursuant to 15-S0-2, the Office of the Federal Public Defender is appointed to assess the viability of petitioner's Johnson claim and is DIRECTED to file a response to petitioner's Johnson claim within thirty (30) days of the date this Order is entered on the docket.
SO ORDERED.
Source: Leagle
