Harris v. United States

ORDER SUSTAINING PETITIONER’S OBJECTIONS TO FEBRUARY 10, 2010 REPORT & RECOMMENDATION OF MAGISTRATE JUDGE & GRANTING PETITIONER’S MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE UNDER 18 U.S.C. § 2255

DANIEL T.K. HURLEY, District Judge.

This cause is before the court upon petitioner’s motion, pursuant to 28 U.S.C. § 2255, to vacate his sentence as an armed career criminal under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). Two central questions must be answered to resolve the petitioner’s motion: (1) whether a defendant, who failed to challenge at sentencing or on direct appeal the…