Figueroa
Figueroa v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JEREMIAH FIGUEROA (32), Case No.: 3:12-cr-00236-GPC 3:16-cv-01435-GPC Petitioner,
v. ORDER GRANTING PETITION FOR
WRIT OF HABEAS CORPUS
UNITED STATES OF AMERICA,
PURSUANT TO 28 U.S.C. § 2255
Respondent. [Dkt. No. 1972.]
17 On June 9, 2016, Petitioner Jeremiah Figueroa (“Petitioner”), proceeding with 18 counsel, filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C § 19 2255 arguing that his conviction and sentence under 18 U.S.C. § 924(c)(3)(B) is 20 unconstitutional under Johnson v. United States, 135 S. Ct. 2551 (2015). (Dkt. No. 21 1972.) Recently, on June 24, 2019, the United States Supreme Court ruled that the 22 residual clause of 18 U.S.C. § 924(c)(3)(B), the specific issue in this case, is 23 unconstitutionally void for vagueness, United States v. Davis, 139 S. Ct. 2319, 2336 24 (2019); therefore, the Court GRANTS Petitioner’s relief for re-sentencing. 25 / / / 26 / / / 27 …