O'Kelly v. United States

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA TRISTIAN O’KELLEY, ) ) No. 1:19-cv-322, 1:17-cr-16 Petitioner, ) ) Judge Mattice v. ) Magistrate Judge Lee ) UNITED STATES OF AMERICA, ) ) Respondent. ) MEMORANDUM OPINION Before the Court is Petitioner Tristian O’Kelley’s Motion to Vacate under

28 U.S.C. § 2255

[No. 1:19-cv-322, Doc. 1; No. 1:17-cr-16, Doc. 38]. Petitioner argues that in light of Rehaif v. United States,

139 S. Ct. 2191

(2019), he is actually innocent of possessing a firearm as a felon and his indictment was defective. Because it plainly appears on the…