Henderson v. United States

ORDER AND OPINION GRANTING PETITIONER’S MOTION TO CORRECT SENTENCE UNDER 28 U.S.C. § 2255

ORTRIE D. SMITH, SENIOR JUDGE, UNITED STATES DISTRICT COURT

Pending is Petitioner Alphonzo Henderson’s Motion to Correct Sentence under 28 U.S.C. § 2255. Doc. # 1. Petitioner seeks to be resentenced pursuant to Johnson v. United States, — U.S. —, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), which held that the Armed Career Criminal Act’s (“ACCA”) residual clause is unconstitutional. The Government contends Johnson did not impact Petitioner’s sentence and he remains an armed career criminal. Doc. #7, at 1. The…