United States District Court, E.D. Michigan, Southern Division
ORDER DENYING THOMPSON MOTION TO VACATE, SET ASIDE,
OR CORRECT SENTENCE (ECF. No. 189)
Victoria A. Roberts United States District Judge
Thompson's (“Thompson”) charges arose from
the July 1, 2002 execution of a search warrant at his home,
20174 Concord, Detroit, Michigan. When law enforcement
officers arrived to serve the warrant, Thompson dropped
cocaine as he fled. The officers' search of the premises
resulted in the discovery of more narcotics and a weapon.
challenges his federal sentences for drugs and weapons. He
filed a motion to vacate, set aside, or correct a sentence
pursuant to 28 U.S.C. §2255(a).
reasons set forth below, Thompson's petition is
FACTUAL AND PROCEDURAL BACKGROUND
2002, law enforcement officials executed a search warrant on
20174 Concord in Detroit, Michigan. Upon arrival, they found
Thompson's wife Tedra Thompson and Christopher Johnson
(“Johnson”) on the porch. As they approached,
Johnson ran to the door and yelled “Five-0.”
Police detained those on the porch and entered the house.
They saw Thompson running from the living room and into the
basement. As Thompson ran down the stairs, he dropped
cocaine. The police caught Thompson in the basement.
officers secured the home and searched it. They found cocaine
in the kitchen, crack cocaine in the basement, and marijuana
in a dresser drawer. In the dresser, they also found
Thompson's Michigan identification card which confirmed
that 20174 Concord was his address. Thompson was indicted and
found Petitioner Vincent Thompson (“Thompson”)
guilty of (1) possession with intent to distribute cocaine
base in violation of 21 U.S.C. § 841(a)(1); (2)
possession with intent to distribute marijuana in violation
of 21 U.S.C. § 841(a)(1); (3) felon in possession of a
firearm in violation of 18 U.S.C. § 922(g)(1) and
924(e); and (4) possession of a firearm in furtherance of a
drug trafficking crime in violation of 18 U.S.C. §
924(c).The Court sentenced him to 360 months in prison.
Sixth Circuit Court of Appeals affirmed his conviction.
Thompson filed a motion under 28 U.S.C. § 2255
challenging the representation of his then attorney, Craig
Tank. This Court granted the motion and, after a hearing,
vacated the jury's verdicts.
2008, pursuant to a Rule 11 agreement, Thompson pled guilty
to possession with intent to distribute cocaine base in
violation of 21 U.S.C. § 841(a)(1), and possession of a
firearm in furtherance of a drug trafficking crime in
violation of 18 U.S.C. § 924(c).
Pre-Sentence Investigation Report (“PSIR”) filed
by the United States Probation Department noted
Thompson's two prior felony convictions for
“controlled substance offenses” in 2001, which it
used to classify Thompson as a “Career Offender”
under the United States Sentencing Guidelines
(“USSG”), 18 U.S.C.S. Appx.§4B1.1 (2008)
(amended 2016). The classification increased his sentence.
Court sentenced Thompson to 184 months in prison, followed by
four years of supervised release.
26, 2015, the Supreme Court declared the “residual
clause” of the Armed Career Criminal Act
(“ACCA”), 18 U.S.C. §924 (e)(2)(B)(ii),
unconstitutionally vague. See Johnson v. United
States, 135 S.Ct. 2551 (2015). Subsequently, Thompson
filed the motion now before the court raising the following
1. The “residual clause” of the USSG in place at
the time of sentencing, 18 U.S.C.S. Appx. § 4B1.2(a)(2),
is also unconstitutional because it is ...