United States v. Booker

OPINION AND ORDER

PAUL L. FRIEDMAN, United States District Judge

The matter before the Court is defendant Charles Booker’s motion to vacate his sentence under 28 U.S.C. § 2255. Booker asks this Court to vacate his sentence in light of the Supreme Court’s decisions in Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), and Welch v. United States, — U.S. -, 136 S.Ct. 1257, 194 L.Ed.2d 387 (2016). Upon consideration of the parties’ briefs and the relevant legal authorities, the Court will grant Booker’s motion and schedule a re-sentencing. 1

I. FACTUAL AND PROCEDURAL…