Legal Opinion

Dawson v. United States

District Court, S.D. Florida

Decided February 28, 2018No. CASE NO. 16–22399–CIV–SEITZ/TURNOFFPublishedCited by 1 opinion

1Opinion of the Court

PATRICIA A. SEITZ, UNITED STATES DISTRICT JUDGE

THIS CAUSE is before the Court on the Report and Recommendation of Magistrate Judge [DE 17]. In that Report, Magistrate Judge Turnoff recommends granting Movant's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 [DE 1]. Movant argues his sentence should be vacated based on the U.S. Supreme Court's recent decision in Samuel Johnson v. United States, --- U.S. ----, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015) (holding that the residual clause of the Armed Career Criminal Act (ACCA) was unconstitutionally vague). The Report…

2Cases cited26 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. FradySupreme Court of the United States · 1982
  3. Taylor v. United StatesSupreme Court of the United States · 1990
  4. Johnson v. United StatesSupreme Court of the United States · 2015
  5. Shepard v. United StatesSupreme Court of the United States · 2005

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3Cited by1 opinion

  1. Pavao v. HershoneDistrict Court, M.D. Florida · 2021

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