United States District Court, M.D. Tennessee, Nashville Division
MEMORANDUM & ORDER
A. TRAUGER UNITED STATES DISTRICT JUDGE.
the court is Thomas James, Jr.'s pro se Motion
Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct
Sentence by a Person in Federal Custody (Doc. No. 1),
augmented by James' own supporting Memorandum (Doc. No.
2) and the Supplemental Brief (Doc. No. 10) filed on his
behalf following the appointment of counsel. James seeks to
vacate and reduce the sentence entered upon his criminal
conviction in United States v. James, No. 3:01-cr-82
(M.D. Tenn. Mar. 18, 2002) (Judgment, Doc. No.
(Haynes, J.), under Johnson v. United States, 135
S.Ct. 2551 (2015), which invalidated the so-called
“residual clause” of the Armed Career Criminal
Act (“ACCA”), 18 U.S.C. § 924(e).
was indicted in May 2001 on one count of being a felon in
possession of a firearm, in violation of 18 U.S.C. §
922(g). (Crim. Doc. No. 1.) He later pleaded guilty to that
charge pursuant to a plea agreement. (Clerk's Resume of
Hr'g, Crim. Doc. No. 9.). Following a sentencing hearing
held on March 18, 2002, the court sentenced him to 188 months
to run concurrently with an outstanding state sentence. No.
appeal was taken.
Presentence Report (“PSR”) found that James
qualified for a base offense level under U.S.S.G. §
2K2.1(a)(2) based on the following Tennessee convictions for
crimes of violence:
(1) No. 91-W-408: felony escape, aggravated robbery, theft of
property, and aggravated burglary;
(2) No. 93-D-1429: facilitation of aggravated robbery;
(3) No. 99-C-12190: robbery; and
(4) No. 99-D-3023: aggravated burglary.
¶ 9.) The PSR also found that James qualified as a
career offender under the ACCA, 18 U.S.C. § 924(e), but
without specifying which prior convictions fell within the
purview of the ACCA. (Id. ¶ 15.) James now
argues that at least some of his prior convictions no longer
qualify as “violent felonies” under
ACCA provides in relevant part as follows:
(1) In the case of a person who violates section 922(g) of
this title and has three previous convictions by any court
referred to in section 922(g)(1) of this title for a violent
felony . . ., such person shall be fined under this title and
imprisoned not less than fifteen years . . . .
(2) As used in this subsection-
(B) the term “violent felony” means any crime
punishable by imprisonment for a term exceeding one year . .
(i) has as an element the use, attempted use, or threatened
use of physical force against the ...