Opinion
Cause No. CR 11-133-BLG-SPW Cause No. CV 16-078-BLG-SPW
09-13-2019
UNITED STATES OF AMERICA, Plaintiff/Respondent, v. ANTHONY ALEX ROLL, Defendant/Movant.
ORDER
This matter comes before the Court on Defendant/Movant Roll's motion to vacate, set aside, or correct the sentence under 28 U.S.C. § 2255. Roll is a federal prisoner represented by counsel.
Roll 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 Roll's motion. See Resp. to Order (Doc. 214) at 2.
Accordingly, IT IS ORDERED:
1. The Order of May 4, 2018 (Doc. 212) is REINSTATED. Based on that Order and the Supreme Court's decision in Davis, Roll's motion to vacate, set aside, or correct the sentence under 28 U.S.C. § 2255 (Doc. 181) is GRANTED.
2. Roll'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 Roll and against the United States.
4. The United States Marshals Service shall transport Anthony Alex Roll, BOP # 11530-046, to the District of Montana for resentencing. Roll must be present in Montana and available to consult with counsel at least 30 days before the hearing.
DATED this 13th day of September, 2019.
/s/_________
Susan P. Watters
United States District Court cc: USPO
USMS