United States v. Gentry

OPINION AND ORDER

Michael H. Simon, District Judge.

On April 1, 2016, Defendant Steven Wayne Gentry (“Gentry”) moved to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. Gentry argues that the Supreme Court’s decision in Johnson v. United States, 576 U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), now establishes that the specific provision in the U.S. Sentencing Guidelines (the “Guidelines”) that significantly increased his base offense level is unconstitutionally vague and was adopted by the sentencing court in error. The United States (the “Government”) opposes the motion.…