Green v. United States

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION DAVID L. GREEN, ) ) Petitioner, ) ) v. ) No. 4:16-cv-00946-AGF ) UNITED STATES OF AMERICA, ) ) Respondent. ) MEMORANDUM AND ORDER This matter is before the Court on Petitioner David L. Green’s motion filed under

28 U.S.C. § 2255

to vacate, set aside, or correct his sentence, based on Johnson v. United States,

135 S. Ct. 2551

(2015). Johnson held that the residual clause of the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), is unconstitutionally vague.1 The government opposes Petitioner’s motion and argues that…