Heflin

United States v. Heflin

Good Law
195 F. Supp. 3d 1134·2016 WL 3906895·2016 U.S. Dist. LEXIS 93293
United States District Court, Eastern District of CaliforniaJuly 18, 2016CASE NO. 1:93-CR-05216-LJO-1California2,698 words

Opinion

Lead Opinion

Lawrenceneill, J.

*1135 MEMORANDUM ORDER GRANTING PETITIONER’S § 2255 MOTION

(ECF NO. 138)

Before the Court is Petitioner Troy Mitchell Heflin’s (“Petitioner,” “Defendant,” or “Heflin”) motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255 , filed on June 22, 2016 (ECF No. 138). The government filed its Opposition on July 14, 2016 (ECF No. 142), and Petitioner filed a Reply on July 15, 2016 (ECF No. 144). Having considered the parties’ briefing and the record in this case, the Court GRANTS Petitioner’s motion.

I. BACKGROUND

On April 13, 1995, a grand jury returned a Superseding Indictment charging Defendant with one count of Felon in Possession of Ammunition, in violation of 18 U.S.C. § 922 (g)(1). ECF No. 19. Subsequent to a bench trial, the previously assigned district judge found Mr. Heflin guilty of the offense. ECF Nos. 50, 55, 57.

The statutory maximum term of imprisonment for a violation of § 922(g)(1) is ten years. See 18 U.S.C. § 924 (a)(2). At sentencing, the . government asserted that based on his multiple prior felony convictions (four convictions for Robbery, violations of California Penal Code (“CPC”) § 211; and one conviction for Gross Vehicular…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.