United States v. Dean

OPINION AND ORDER

Michael H. Simon, District Judge.

On November 18, 2015, Defendant Frederic Russell Dean (“Dean”) moved to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. Dean argues that the Supreme Court’s recent decision in Johnson v. United States, — 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 Government agrees. The Government, however,…