United States v. Ervin

ORDER GRANTING § 2255 MOTION AND SETTING EXPEDITED RE-SENTENCING HEARING

Susan P. Watters, United States District Court

This case comes before the Court on Defendant/Movant Ervin’s motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. He seeks relief under Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015)1, and Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The United States opposes Er-vin’s motion.

I. Background

Ervin was charged on March 25, 2013, with one count of distributing hydroco-done, at that time a Schedule…