United States v. Johnson
Opinion
Lead Opinion
Chen, J.
ORDER GRANTING DEFENDANT’S AMENDED MOTION TO VACATE; AND STAYING RELIEF
Docket No. 483
Defendant Marvin Johnson has filed a motion to vacate his sentence pursuant to 28 U.S.C. § 2255 . Having considered the parties’ briefs and accompanying submissions, as well as all other evidence of record, the Court hereby GRANTS Mr. Johnson’s motion but STAYS the relief pending the Supreme Court’s decision in Lynch v. Dimaya, No. 15-1498, 2016 U.S. LEXIS 4461 (granting petition for writ of certiora-ri).
I. FACTUAL & PROCEDURAL BACKGROUND
Mr. Johnson was arrested in 1992 in connection with drug trafficking, firearm, and arson charges. After a jury trial, he was convicted on sixteen counts, including multiple counts for violation of 18 U.S.C. § 924 (c), which penalizes use of a destructive device during a drug trafficking crime or during a crime of violence. For the § 924(c) count related to a drug trafficking crime (Count 3), Mr. Johnson received a sentence of 30 years. For the § 924(c) counts related to the crime of violence of arson (Counts 10,15, and 21), Mr. Johnson received three life sentences without release. For the § 924(c) count related to the crime of violence of witness…