United States v. William Davis ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7051
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WILLIAM THOMAS DAVIS, a/k/a Burglar,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P. Stamp,
Jr., Senior District Judge. (5:08-cr-00021-FPS-JSK-1; 5:13-cv-
00116-FPS-JSK)
Submitted: December 28, 2015 Decided: December 30, 2015
Before WYNN and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Vacated and remanded by unpublished per curiam opinion.
William Thomas Davis, Appellant Pro Se. David J. Perri,
Assistant United States Attorney, Wheeling, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William Thomas Davis seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying his 28 U.S.C. § 2255 (2012) motion. Among other things,
Davis claimed that it was constitutional error to apply the
residual clause of the Armed Career Criminal Act (ACCA) to
enhance his sentence and that the residual clause of the ACCA
was unconstitutionally vague. After the district court denied
Davis’ § 2255 motion, the Supreme Court decided Johnson v.
United States, 135 S. Ct. 2551 (2015), holding that the residual
clause of the ACCA is unconstitutionally vague.
We previously ordered further briefing from the parties
pursuant to 4th Cir. R. 22(a)(4). Based on these briefs and our
independent review of the record, we grant Davis a certificate
of appealability on the issue of whether the district court
erred in denying the above-referenced claims, and we remand for
reconsideration of Davis’ § 2255 motion in light of Johnson.
Accordingly, we vacate the district court’s order and
remand for further proceedings consistent with this opinion. 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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