Opinion
Case No. 13-C-440 Criminal Case No. 10-CR-25
01-26-2016
UNITED STATES OF AMERICA, Plaintiff, v. ERIC SCANLAN, Movant.
ORDER
Pending before this Court is Movant Eric Scanlan's amended motion pursuant to 28 U.S.C. § 2255. One of Scanlan's contentions is that Johnson v. United States, 133 S.Ct. 2276 (2015) which holds the residual clause of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), is unconstitutionally vague, applies retroactively to collateral attacks involving U.S.S.G. § 4B.1.2(a)(2), a residual clause worded identically to ACCA's residual clause. That issue, critical to the disposition of Scanlan's petition, is awaiting decision by the Court of Appeals, see Dawkins v. United States, No. 15-3667, ___ F.3d ___, 2016 WL 80552, at *1 (7th Cir. Jan. 7, 2016) (noting that the issue is pending in United States v. Rollins, No. 13-1731, and the consolidated cases of United States v. Hurlburt, No. 14-3611 and United States v. Gillespie, No. 15-1686.) Based on the foregoing, the Court stays the resolution of this action until Rollins is decided.
Scanlan's case involves U.S.S.G. § 2K2.1(a)(2) which incorporates § 4B.1.2(a)(2). --------
SO ORDERED at Milwaukee, Wisconsin, this 26th day of January, 2016.
BY THE COURT:
/s/ _________
HON. RUDOLPH T. RANDA
U.S. District Judge