Jones v. United States

MEMORANDUM AND ORDER

CHARLES A. SHAW, UNITED STATES DISTRICT JUDGE

This matter is before the Court on mov-ant Ortez Jones’ motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255, based on Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). Johnson held that the Armed Career Criminal Act’s (“ACCA”) residual clause is unconstitutional. The government opposes the motion, arguing that Johnson does not affect movant’s sentence and he remains an armed career criminal. For the reasons below, the Court will grant mov-ant’s motion.

I. Background

On January 16,…