Charlton v. United States

Defendant Trevor Charlton ("Charlton") moves for the second time under 28 U.S.C. § 2255 to vacate his 204-month sentence on the basis that he has been incorrectly classified as an Armed Career Criminal. For the reasons discussed below, Charlton's motion (Dkt. No. 212) is ALLOWED.

FACTUAL AND PROCEDURAL BACKGROUND

Charlton was charged on September 29, 2004 in a single-count indictment with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He was convicted on December 10, 2007. On June 9, 2008, relying on the presentence report ("PSR"), the Court imposed a sentence…