United States v. Eggerson

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United States of America, Respondent-Plaintiff, v. Mark Anthony Eggerson, Petitioner-Defendant.

Criminal No. 18-110(1) (DWF/KMM)

Civil No. 22-1737 (DWF)

United States District Court, D. Minnesota

June 30, 2023

MEMORANDUM OPINION AND ORDER

DONOVAN W. FRANK, United States District Judge

This matter is before the Court on Petitioner-Defendant Mark Anthony Eggerson's motion to vacate the judgment under 28 U.S.C. § 2255. (Doc. No. 214.) This motion is based on United States v. Owen, 51 F.4th 292 (8th Cir. 2022) where the Eighth Circuit held that Minnesota's definition of cocaine sweeps more broadly than the definition under federal law and therefore a conviction for the sale of cocaine under Minnesota law does not count as a “serious drug offense” under the Armed Career Criminal Act (“ACCA”). Id. at 296. Eggerson argues that because the four predicate offenses used to enhance his sentence involved the sale of cocaine under Minnesota law, those were not valid predicates and his sentence must be set aside, corrected, or vacated. Eggerson's motion is timely as it was filed within one year after the date his conviction became final. § 2255(f)(1). The Government does not oppose the motion and agrees that Eggerson should be resentenced. (Doc. No. 224.) Because Eggerson's sentence enhancement improperly relied on his prior cocaine convictions under Minnesota law, the Court will grant Eggerson's motion.

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IT IS THEREFORE ORDERED that:

1. Defendant Mark Anthony Eggerson's motion to vacate set aside,

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