United States v. Cruz

MEMORANDUM & ORDER REGARDING DEFENDANT’S MOTION TO VACATE UNDER 28 U.S.C. § 2255

(Dkt. No. 27)

PONSOR, United States District Judge

Defendant Jose Cruz has brought this petition pursuant to 28 U.S.C. § 2255, based on Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015) (Johnson II), and Johnson v. United States, 559 U.S. 133, 130 S.Ct. 1265, 176 L.Ed.2d 1 (2010) (Johnson I), seeking to vacate and correct his 2006 sentence. For the reasons that follow, the court will deny the petition.

On December 22, 2005, Defendant pleaded guilty to a single charge of being a felon in…