Morton v. USA - 2255

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. § 2255 Motion (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 Petitioner has withdrawn his claim challenging has conviction for being a felon in possession of a firearm (18 U.S.C. § 922(g)) under Rehaif v. United States, 139 S. Ct. 2191 (2019),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. § 2255 Motion (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 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. § 2255 Motion (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