United States v. Dubose

MEMORANDUM AND ORDER ON DEFENDANT’S MOTION FOR COLLATERAL RELIEF

STEARNS, District Judge.

Petitioner Maurice Dubose brings this petition for collateral review pursuant to 18 U.S.C. § 2255, arguing that his sentence has been rendered unconstitutional by the Supreme Court’s decision in Johnson v. United States, — U.S. —, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). In that case, the Supreme Court ruled that the “residual clause” of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(B)(ii), failed constitutional scrutiny, a holding later made retroactive to cases on collateral review, Welch v.…