IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

MAX OTIS HINES, ) ) Petitioner, ) ) CIVIL ACTION NO. v. ) 1:16cv511-MHT ) (WO) UNITED STATES OF AMERICA, ) ) Respondent. )

OPINION Pursuant to

, petitioner Max Otis Hines filed this lawsuit seeking habeas relief as to his conviction and sentence for discharging a firearm during a crime of violence, in violation of

(c). The parties agree, and the court finds, that the habeas petition should be granted as to Hines’s § 924(c) conviction and sentence, first, based on the United States Supreme Court’s holding in United States v. Davis,

(2019) that the residual clause of

(c)(3) is unconstitutionally vague; and second, because petitioner’s underlying conviction of kidnapping in violation of

(a) does not qualify as a “crime of violence” under the elements clause of § 924(a)(3), see United

States v. Lewis,

(11th Cir. 1997); United States v. Gillis, --- F.3d ---,

(11th Cir. Sept. 19, 2019). An appropriate judgment will be entered.

DONE, this the 30th day of September, 2019. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE