United States v. Duval

MEMORANDUM AND ORDER

SARIS, Chief Judge.

I. INTRODUCTION

Petitioner, Timothy J. Duval, brings this motion pursuant to 28 U.S.C. § 2255(a) claiming that his criminal sentence as an armed career criminal was excessive and in violation of due process. Specifically, he claims that after an intervening change in law from the Supreme Court and the First Circuit, one of the predicate offenses used to apply an enhanced sentence was not a “violent felony” under the Armed Career Criminal Act (“ACCA”). 18 U.S.C. § 924. This motion raises many complex and novel issues of habeas law. After hearing,…