United States of America v. Dequantey Maurice Williams

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6697
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DEQUANTEY MAURICE WILLIAMS,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:12-cr-00110-CCE-1; 1:14-cv-00832-CCE-LPA)
Submitted: August 31, 2016 Decided: September 8, 2016
Before GREGORY, Chief Judge, and WILKINSON and KING, Circuit
Judges.
Vacated and remanded by unpublished per curiam opinion.
Dequantey Maurice Williams, Appellant Pro Se. Lisa Blue Boggs,
Angela Hewlett Miller, Assistant United States Attorneys,
Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Dequantey Maurice Williams noted this appeal from the
district court’s order denying relief on his 28 U.S.C. § 2255
(2012) motion. We granted a certificate of appealability on the
issue of whether Williams was properly sentenced as an armed career
criminal, 18 U.S.C. § 924(e) (2012).
After the district court entered its order, the Supreme Court
held in Johnson v. United States, 135 S. Ct. 2551 (2015), that the
residual clause of the Armed Career Criminal Act, 18 U.S.C.
§ 924(e)(2)(b) (2012), is unconstitutionally vague. Additionally,
we held that North Carolina common law robbery “does not qualify
categorically as a ‘violent felony’ under [§ 924(e)(2)(B)].”
United States v. Gardner, 823 F.3d 793, 804 (4th Cir. 2016). Based
on Johnson and Gardner, the Government has conceded that Williams
would not be subject to the 15-year mandatory minimum sentence
under § 924(e) if he were sentenced today. Accordingly, we vacate
the district court’s order denying Williams’ § 2255 motion and
remand this case for further proceedings. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
VACATED AND REMANDED

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