United States v. Raphael Dwight Hundley

JON O. NEWMAN, Circuit Judge:

The United States appeals from an order of the District Court for the Eastern District of New York (Jack B. Weinstein, Judge) granting a motion by appellee Raphael Dwight Hundley under 28 U.S.C. § 2255 (1982) to set aside a fifteen-year sentence. The District Court had imposed the sentence pursuant to the Armed Career Criminal Act, 18 U.S.C. § 924(e) (Supp. IV 1986), which mandates a fifteen-year minimum sentence for those committing certain firearms offenses who have three prior predicate convictions. Subsequently, the Court invalidated the sentence upon a…