Opinion
CR. NO. 4:96-312 (CMC)
08-16-2016
United States of America, v. Andre Smith, Defendant.
OPINION and ORDER
This matter is before the court on Defendant's motion to correct sentence under 28 U.S.C. § 2255, arguing that in light of the Supreme Court's holding in Johnson v. United States, 576 U.S. ___, 135 S.Ct. 2551 (2015), Defendant is no longer an armed career criminal and should be resentenced. ECF No. 118. On August 11, 2016, the Government filed a response in support agreeing that, based on Mathis v. United States, 579 U.S. ___, 136 S.Ct. 2243 (2016), Defendant's § 2255 motion should be granted and he is entitled to be resentenced without the Armed Career Criminal enhancement. ECF No. 135.
The court grants the motion for relief under 28 U.S.C. § 2255. The Judgment Order as to Andre Smith in CR 4:96-312 filed June 12, 1997, is hereby vacated, and this matter is set for resentencing on Wednesday, September 14, 2016, at 3:30 p.m.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
Senior United States District Judge Columbia, South Carolina
August 16, 2016