Sanders v. United States

MEMORANDUM OPINION AND ORDER

DOWD, District Judge.

Before the Court is petitioner’s motion, pursuant to 28 U.S.C. § 2255, to vacate and set aside his sentence on the ground that one of the state convictions used to enhance his federal sentence under .the Armed Career Criminal Act was improperly considered. For the reasons discussed below, petitioner’s motion is granted.

I. BACKGROUND

On June 9, 1993, Sanders was indicted on three counts of firearms violations. Counts One and Three of the indictment charged violations of 18 U.S.C. § 922(g)(1) (felon in possession) and Count Two charged violation…