Legal Opinion

United States v. Walls

District Court, D. Oregon

Decided January 10, 2018No. 6:13–cr–00433–MCPublished

1Opinion of the Court

McSHANE, Judge:

On November 27, 2017, this Court granted Petitioner's motion to correct, vacate, or set aside his sentence under 28 U.S.C. § 2255. The Court granted that motion on due process grounds, holding that the trial court sentenced Defendant based on misinformation of a constitutional magnitude or, in the alternative, that Defendant was directly subject to the unconstitutionally vague residual clause of the Armed Career Criminal Act. The Government now moves the Court to reconsider its decision pursuant to Fed. R. Civ. P. 59(e). Because the two intra-district cases briefed by the…

2Cases cited6 opinions

  1. Kirk Rishor v. Bob FergusonCourt of Appeals for the Ninth Circuit · 2016
  2. Charles Starbuck v. City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 1977
  3. United States v. RezzonicoDistrict Court, D. Arizona · 1998
  4. United States v. Steven Max SafirsteinCourt of Appeals for the First Circuit · 1987
  5. Pressley v. United StatesDistrict Court, W.D. Washington · 2016

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