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Jackson v. United States

United States District Court, D. Maine

June 6, 2016

DAVID JACKSON, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          ORDER GRANTING MOTION FOR RELIEF UNDER 28 U.S.C. § 2255

          GEORGE Z. SINGAL, District Judge.

         Before the Court is Petitioner David Jackson's Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. § 2255 (ECF No. 168 in 2:06-cr-94-GZS). For reasons briefly explained herein, the Motion is GRANTED.

         David Jackson is currently serving a 180-month sentence on a charge of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). This sentence reflects the Court's determination that Jackson was subject to a fifteen year mandatory minimum under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). Specifically, the Court relied on the following three prior felony convictions in sentencing Jackson under ACCA: (1) a 1998 Maine Robbery conviction (PSR ¶ 25); (2) a 1998 Maine conviction for Unlawful Trafficking in Scheduled Drugs (PSR ¶ 27); and (3) a 2000 Maine conviction for Aggravated Trafficking of Scheduled Drugs (PSR ¶ 28). Following the Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2551 (2015), Jackson now argues that he no longer has the three requisite convictions for the fifteen year mandatory minimum sentence under ACCA. See also Welch v. United States, 136 S.Ct. 1257, 1265 (2016). His argument focuses on his 1998 Maine Robbery conviction; thus, the Court begins with an examination of that conviction.

         Jackson's 1998 Robbery Conviction under 17-A M.R.S.A. § 651(1)(C)

         At the time of Jackson's robbery conviction, the applicable Maine statute, 17-A M.R.S.A. § 651, provided as follows:

1. A person is guilty of robbery if he commits or attempts to commit theft and at the time of his actions:
A. He recklessly inflicts bodily injury on another;
B. He threatens to use force against any person present with intent:
(1) to prevent or overcome resistance to the taking of the property, or to the retention of the property immediately after the taking; or
(2) to compel the person in control of the property to give it up or to engage in other conduct which aids in the taking or carrying away of the property;
C. He uses physical force on another with the intent enumerated in paragraph B, subparagraphs (1) or (2);
D. He intentionally inflicts or attempts to inflict bodily injury on another; or
E. He or an accomplice to his knowledge is armed with a dangerous weapon in the course of a robbery as defined in paragraphs A through D.
2. Robbery as defined in subsection 1, paragraphs A and B, is a Class B crime. Robbery as defined in subsection 1, paragraphs ...

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