United States District Court, M.D. Tennessee, Nashville Division
A. TRAUGER, U.S. DISTRICT JUDGE.
before the Court are the Petitioner's Motion to Vacate,
Set Aside, Or Correct Sentence In Accordance With 28 U.S.C.
§ 2255 (Docket No. 1); Amended Motion To Vacate, Set
Aside, Or Correct Sentence (Docket No. 2); the
Government's Response (Docket No. 6); the
Petitioner's Reply (Docket No. 9); the Government's
Supplemental Response (Docket No. 11); the Petitioner's
[Supplemental] Reply (Docket No. 12); and the
Government's [Second Supplemental] Response (Docket No.
14). For the reasons set forth herein, the Petitioner's
Motion Under 28 U.S.C. § 2255 To Vacate, Set Aside, Or
Correct Sentence. (Docket Nos. 1, 2) is GRANTED. The
Petitioner will be re-sentenced by separate order in Criminal
Case No. 3:12-cr-00224.
Petitioner pled guilty, before now-retired Judge William J.
Haynes, Jr., to unlawful possession of a firearm by a
convicted felon, in violation of 18 U.S.C. §§
922(g)(1) and 924, and possession of a stolen firearm, in
violation of 18 U.S.C. § 922(j) and 924. (Docket Nos. 4,
5, 18 in Case No. 3:12cr00224). Through the Plea Agreement,
the Petitioner acknowledged that he qualified as an Armed
Career Criminal, and the parties agreed to a sentence of 180
months of imprisonment. (Docket No. 5, at 3-5, in Case No.
3:12-cr-00224). The parties also agreed that the
Petitioner's sentence would run concurrently to the
sentences imposed in two other federal cases in which the
Petitioner entered guilty pleas on the same day.
(Id., at 5-6). At the subsequent sentencing hearing,
on November 8, 2013, Judge Haynes imposed the agreed
180-month sentence. (Docket Nos. 26, 27, 28 in Case No.
3:12cr00224). The record indicates that no appeal was taken.
U.S.C. § 2255
Petitioner has brought this action pursuant to 28 U.S.C.
§ 2255. Section 2255 provides a statutory mechanism for
challenging the imposition of a federal sentence:
A prisoner in custody under sentence of a court established
by Act of Congress claiming the right to be released upon the
ground that the sentence was imposed in violation of the
Constitution or laws of the United States, or that the court
was without jurisdiction to impose such sentence, or that the
sentence was in excess of the maximum authorized by law, or
is otherwise subject to collateral attack, may move the court
which imposed the sentence to vacate, set aside or correct
28 U.S.C. § 2255(a). In order to obtain relief under
Section 2255, a petitioner “‘must demonstrate the
existence of an error of constitutional magnitude which had a
substantial and injurious effect or influence on the guilty
plea or the jury's verdict.'” Humphress v.
United States, 398 F.3d 855, 858 (6th Cir. 2005)(quoting
Griffin v. United States, 330 F.3d 733, 736 (6th
factual dispute arises in a § 2255 proceeding, the court
is to hold an evidentiary hearing to resolve the dispute.
Ray v. United States, 721 F.3d 758, 761 (6th Cir.
2013). An evidentiary hearing is not required, however, if
the record conclusively shows that the petitioner is not
entitled to relief. 28 U.S.C. § 2255(b); Ray,
721 F.3d at 761; Arredondo v. United States, 178
F.3d 778, 782 (6th Cir. 1999). A hearing is also
unnecessary “if the petitioner's allegations
‘cannot be accepted as true because they are
contradicted by the record, inherently incredible, or
conclusions rather than statements of fact.'”
reviewed the pleadings, briefs, and records filed in the
Petitioner's underlying criminal case, as well as the
filings in this case, the court finds it unnecessary to hold
an evidentiary hearing to resolve the Petitioner's
Johnson v. United States
on Johnson v. United States, U.S., 135 S.Ct. 2551,
192 L.Ed.2d 569 (2015), the Petitioner argues that his prior
convictions for aggravated burglary and arson were improperly
considered to be “violent felonies” under the
ACCA and that he no longer qualifies to be sentenced as an
Armed Career Criminal. In Johnson, the Supreme Court
held that the so-called “residual clause” of the
Armed Career Criminal Act (“ACCA”), 18 U.S.C.
§ 924(e), is unconstitutionally vague. The ACCA imposes
a 15-year mandatory minimum sentence for defendants convicted
of certain firearms offenses who have three previous
convictions for a “violent felony” or a