Opinion
Cause No. CR 11-140-BLG-SPW Cause No. CV 16-077-BLG-SPW
09-12-2019
UNITED STATES OF AMERICA, Plaintiff/Respondent, v. EDWIN ALBERTO JOHNSON, Defendant/Movant.
ORDER
This matter comes before the Court on Defendant/Movant Johnson's motion to vacate, set aside, or correct the sentence under 28 U.S.C. § 2255. The defendant is a federal prisoner represented by counsel.
Defendant/Movant Johnson ("Defendant") seeks relief under Johnson v. United States, ___ U.S. ___, 135 S. Ct. 2551 (2015), which was made retroactive to final judgments by Welch v. United States, ___ U.S. ___, 136 S. Ct. 1257 (2016), Sessions v. Dimaya, 138 S. Ct. 1204, 1201 (2018), and under the Supreme Court's extension of those decisions to the virtually identical language of 18 U.S.C. § 924(c)(3)(B) in United States v. Davis, ___ U.S. ___, 139 S. Ct. 2319, 2323-24 (2019). The United States concedes Defendant's motion. See Resp. to Order (Doc. 214) at 2.
Accordingly, IT IS ORDERED:
1. The Order of May 7, 2018 (Doc. 171) is REINSTATED. Based on that Order and the Supreme Court's decision in Davis, Johnson's motion to vacate, set aside, or correct the sentence under 28 U.S.C. § 2255 (Doc. 152) is GRANTED.
2. Johnson's conviction on Count 2 is VACATED.
3. Judgment in the civil case is VACATED. When an amended judgment is entered in the criminal case, the clerk shall close the civil file by entering judgment, by separate document, in favor of Johnson and against the United States.
DATED this 12th day of September, 2019.
/s/_________
Susan P. Watters
United States District Court cc: USPO