UNITED STATES v. JOHNSTON (2018)

Tony Lloyd Johnston seeks to appeal the district court's order denying his 28 U.S.C. § 2255 (2012) motion challenging his sentence as an armed career criminal based on Johnson v. United States, ––– U.S. ––––, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). We previously placed the appeal in abeyance for United States v. Hodge, 902 F.3d 420 (4th Cir. 2018). Johnston now moves to remand his case for further proceedings in accordance with Hodge, and the Government agrees that it is appropriate to vacate the district court's order and remand the case for reconsideration of the § 2255 motion in light of Hodge. In light of our decision in Hodge, we grant a certificate of appealability, grant the motion to remand, vacate the district court's order, and remand for reconsideration of the § 2255 motion in light of Hodge. We deny Johnston's motion to expedite as moot. 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

PER CURIAM:

Vacated and remanded by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.