JONES v. USA, No. 1:2016cv01592 - Document 8 (S.D. Ind. 2017)
Court Description: ENTRY granting motion for relief pursuant to 28:225. Petitioner shall be sentenced to 74 months to be followed by a 2-year term of supervised release. A Judgment and Commitment in the associate criminal matter shall be forthcoming. The clerk shall docket this Entry in the criminal case, 1:13-cr-50-WTL-TAB-1. Signed by Judge William T. Lawrence on 4/11/2017.(CBU)
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JONES v. USA Doc. 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION MICHAEL K. JONES, Petitioner, vs. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) No. 1:16-cv-01592-WTL-MJD Entry Granting Motion for Relief Pursuant to 28 U.S.C. § 2255 Petitioner Michael Jones and the United States of America have filed a stipulation regarding his motion for relief from the judgment in Jones’s criminal matter, 1:13-cr-0050-WTLTAB-1, pursuant to 28 U.S.C. § 2255, Johnson v. United States, 135 S. Ct. 2551 (2015), and Welch v. United States, 136 S. Ct. 1257 (2016). Jones was convicted in this Court on June 24, 2014, of being a felon in possession under 18 U.S.C. § 922(g)(1) and 924(c) and was sentenced under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (“ACCA”), to a term of 180 months to be followed by a 5-year term of supervised release. The three predicate violent felonies giving rise to Mr. Jones’s status under the ACCA were a battery resulting in bodily injury in Delaware County, Indiana, dealing cocaine in Delaware County, Indiana, and residential entry in Delaware County, Indiana. On June 26, 2015, the United States Supreme Court held the residual clause of the ACCA unconstitutional. Johnson, 135 S. Ct. 2551. Subsequently, the Supreme Court held that Johnson announced a new substantive rule of constitutional law that the Supreme Court had categorically made retroactive. Welch, 136 S. Ct. at 1257. Dockets.Justia.com The parties agree that Jones’s residential entry conviction was considered a violent felony based upon the residual clause of the ACCA. The parties further stipulate that Jones therefore does not have a sufficient number of prior convictions for ACCA status. Upon review of the underlying facts of the case, the parties agree that the sentence imposed in this case was illegal in that it exceeded the otherwise applicable statutory maximum penalty of 10 years incarceration and three years of supervised release, under 18 U.S.C. § 922(g)(1). Finally, the parties have stipulated that a sentence of 74 months and a 2-year term of supervised release is sufficient, but not greater than necessary in this matter. The Court agrees that Jones’s previous sentence was unconstitutional and that a reduction is necessary pursuant to Johnson and Welch. The Court concludes that the parties’ stipulation is fair and just under the law and hereby GRANTS Petitioner’s Motion pursuant to 28 U.S.C. § 2255. Petitioner shall be sentenced to 74 months to be followed by a 2-year term of supervised release. A Judgment and Commitment in the associate criminal matter shall be forthcoming. Judgment consistent with this Order shall issue in this matter. The clerk shall docket this Entry in the criminal case, United States v. Jones, 1:13-cr50-WTL-TAB-1. IT IS SO ORDERED. _______________________________ Date: 4/11/17 Hon. William T. Lawrence, Judge United States District Court Southern District of Indiana Distribution to all electronically registered counsel
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