Heflin
United States v. Heflin
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…