Lawrence v. United States of America

Middle District of Florida, flmd-8:2016-cv-00587

ORDER granting {{1}} --motion to vacate/set aside/correct sentence (2255); vacating the judgment (Doc. 56) in the criminal action; directing the clerk to ENTER A JUDGMENT for Lawrence in this civil action and to CLOSE the case. Signed by Judge Steven D. Merryday on 7/22/2016. (BK)

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PageID 84 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA v. CASE NO. 8:13-cr-300-T-23TGW 8:16-cv-587-T-23TGW DAVID P. LAWRENCE / ORDER Lawrence moves to vacate under 28 U.S.C. § 2255 and asserts entitlement to relief under Johnson v. United States, 135 S. Ct. 2551, 2563 (2015), which holds "that imposing an increased sentence under the residual clause of the Armed Career Criminal Act violates the Constitution's guarantee of due process," and Welch v. United States, 136 S. Ct. 1257, 1268 (2016), which holds that the newly recognized right established in Johnson applies retroactively. In response (Doc. 16) to the motion to vacate, the United States admits Lawrence's entitlement to relief under Johnson because, under Mathis v. United States, 136 S. Ct. 2243 (2016), and United States v. Lockett, 810 F.3d 1262 (11th Cir. 2016), Lawrence's prior burglary conviction no longer qualifies under the Armed Career Criminal Act ("ACCA") absent the residual clause. Without the burglary conviction, Lawrence lacks the necessary felony convictions to qualify for a sentence enhanced under ACCA. PageID 85 Accordingly, Lawrence's motion to vacate under Section 2255 (Doc. 1) is GRANTED. The Clerk must (1) docket this order in the criminal action, (2) enter a judgment for Lawrence in the civil action, and (3) close the civil case. The judgment in the criminal action (Doc. 56) is VACATED. All further proceedings will occur in the criminal action. ORDERED in Tampa, Florida, on July 22, 2016. -2-