Legal Opinion

Davis v. United States

District Court, E.D. Tennessee

Decided April 17, 2017No. Nos. 3:01-CR-83-RLJ-HBG-1, 3:16-CV-688-RLJPublished

1Opinion of the Court

MEMORANDUM OPINION

Leon Jordan, United States District Judge

Before the Court is Petitioner’s motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 [Doc. 48].1 He bases the request on Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), in which the Supreme Court held that the residual clause of the ' Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), was unconstitutionally vague [Id.]. The United States responded in opposition [Does. 52, 53]; Petitioner replied in turn [Doc. 54]. For'the reasons that follow, the § 2255 petition will be…

2Cases cited34 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Johnson v. United StatesSupreme Court of the United States · 2015
  3. Mathis v. United StatesSupreme Court of the United States · 2016
  4. Descamps v. United StatesSupreme Court of the United States · 2013
  5. United States v. AddonizioSupreme Court of the United States · 1979

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