Hopper v. United States ( 2020 )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:16-cv-614-MOC (3:95-cr-119-MOC-1) GERALD DAMONE HOPPER, ) ) Petitioner, ) ) vs. ) ORDER ) UNITED STATES OF AMERICA, ) ) Respondent. ) _ ) THIS MATTER is before the Court on Petitioner’s Amended Motion to Vacate under 28 US.C. § 2255, (Doc. 16), and the parties’ supplemental briefing, (Doc. Nos. 21, 22). The parties assert that Petitioner’s two convictions for violating 28 U.S.C. § 924(c) should be vacated because those charges are based on conspiracy to commit Hobbs Act robbery, which is not a crime of violence under § 924(c)’s force clause. See United States v. Davis, 139 S.Ct. 2319 (2019); United States v. Simms, 914 F.3d 229 (4 Cir. 2019) (en banc). However, the Indictment is unavailable through CM-ECF due to the age of the underlying criminal case. The Court has therefore determined that the parties should file a copy of the Indictment in the instant case within ten (10) days from entry of this Order. IT IS THEREFORE ORDERED that the parties shall file the Indictment from case number 3:95-cr-119 within 10 days of this Order. Signed: May 28, 2020 errors Max O. Cogburn i ) United States District Judge Tote t