United States of America v. Helene Mitchell
Defendant Helene Mitchell (“Mitchell”) pled guilty in December of 2006 to possession of a firearm by a convicted felon in violation of 18 U.S.C. §§ 922(g) and 924(e). Because Mitchell had three or more qualifying prior convictions under the Armed Career Criminal Act (“ACCA” or “the Act”), she received a mandatory minimum sentence of fifteen years‟ imprisonment. See 18 U.S.C. § 924(e). Mitchell presently moves the court for vacatur of her fifteen-year sentence in light of the United States Supreme Court‟s decision in Johnson v. United States, 135 S. Ct. 2551 (2015), which invalidated the ACCA‟s residual clause as unconstitutionally vague. Id. at 2557. For the reasons that follow, the court will grant Mitchell‟s motion (Doc. 83) and schedule resentencing forthwith.