Morton v. USA - 2255
Morton v. USA - 2255
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
MELVIN DEAN MORTON, *
Petitioner, * Civ. Action No. RDB-16-1721 v. * Crim. Action No. RDB-08-0401
UNITED STATES OF AMERICA, *
Respondent. *
* * * * * * * * * * * * * MEMORANDUM ORDER Now pending before this Court are Petitioner’s Motion to Vacate Judgment under
28 U.S.C. § 2255(ECF No. 427), Motion to Supplement (ECF No. 445), and Emergency Motion to Lift Abeyance and Rule on
28 U.S.C. § 2255Motion (ECF No. 506). Petitioner has withdrawn his claim challenging has conviction for being a felon in possession of a firearm (
18 U.S.C. § 922(g)) under Rehaif v. United States,
139 S. Ct. 2191(2019), and seeks vacatur of his
18 U.S.C. § 924(c) conviction. (ECF No. 506.) By agreement of counsel,1 the Motion to Vacate that conviction, Motion to Supplement, and Emergency Motion to Lift Abeyance and Rule on
28 U.S.C. § 2255Motion (ECF Nos. 427, 445, 506) are GRANTED. Pursuant to
18 U.S.C. § 924(c), an additional term of incarceration may be imposed upon “any person who, during and in relation to any crime of violence…uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm.” The “crime of violence” underlying Petitioner’s § 924(c) charge was attempted Hobbs Act robbery in
1 On April 13, 2021 the Government conceded that Petitioner’s
18 U.S.C. § 924(c) conviction must be vacated in light of the Fourth Circuit’s opinion in United States v. Taylor,
979 F.3d 203(4th Cir. 2020). (ECF violation of
18 U.S.C. § 1951. (Judgment, No. 317.) This offense no longer qualifies as a crime of violence in light of the recent opinion of the United States Court of Appeals for the Fourth Circuit in United States v. Taylor,
979 F.3d 203(4th Cir. 2020). In the Taylor case, the Fourth
Circuit clearly held that attempted Hobbs Act robbery is no longer a “crime of violence” under
18 U.S.C. § 924(c). Accordingly, the Defendant Morton is entitled to a resentencing in the criminal case, United States v. Morton, Criminal No. RDB-08-0401. Therefore, the Motion to Vacate (ECF No. 427), Motion to Supplement (ECF No. 445), and Emergency Motion to Lift Abeyance and Rule on
28 U.S.C. § 2255Motion (ECF No. 506) are GRANTED and
the civil case, , Civil No. RDB-16-1721, shall be CLOSED. Re- Sentencing shall be scheduled by agreement of counsel at a date to be determined. IT IS HEREBY SO ORDERED THIS 14TH DAY OF JUNE, 2021.
_____/s/________________ Richard D. Bennett United States District Judge
Reference
- Status
- Unknown