Godwin v. United States of America (INMATE 3)

Opinion

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

JERALD DEAN GODWIN, ) ) Petitioner, ) ) CIVIL ACTION NO. v. ) 2:16cv509-MHT ) (WO) UNITED STATES OF AMERICA, ) ) Respondent. )

ORDER It is ORDERED that, pursuant to 28 U.S.C. § 2553(c), petitioner’s motion for a certificate of appealability (doc. no. 47) is granted. The court finds that the petitioner “has made a substantial showing of the denial of a constitutional right,” 28 U.S.C. § 2253(c)(2), as to the following issue: Whether petitioner’s 18 U.S.C § 924(c) conviction is unconstitutional in light of Johnson v. United States, 135 S. Ct. 2551 (2015), and/ or United States v. Davis, 139 S. Ct. 2319 (2019). DONE, this the 1st day of May, 2020. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE