Godwin v. United States of America (INMATE 3)

United States District Court for the Middle District of Alabama

Godwin v. United States of America (INMATE 3)

Trial Court Opinion

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

JERALD DEAN GODWIN, ) ) Petitioner, ) ) CIVIL ACTION NO. v. ) 2:16cv509-MHT ) (WO) UNITED STATES OF AMERICA, ) ) Respondent. )

ORDER It is ORDERED that, pursuant to

28 U.S.C. § 2553

(c), petitioner’s motion for a certificate of appealability (doc. no. 47) is granted. The court finds that the petitioner “has made a substantial showing of the denial of a constitutional right,”

28 U.S.C. § 2253

(c)(2), as to the following issue: Whether petitioner’s 18 U.S.C § 924(c) conviction is unconstitutional in light of Johnson v. United States,

135 S. Ct. 2551

(2015), and/ or United States v. Davis,

139 S. Ct. 2319

(2019). DONE, this the 1st day of May, 2020. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

Reference

Status
Unknown