Mullins v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION BEN MULLINS, ) ) Petitioner, ) v. ) ) Case No. 16-03243-CV-S-RK UNITED STATES OF AMERICA, ) Crim. No. 6:04-cr-03106-RK-1 ) Respondent. ) ORDER Before the Court is Movant Ben Mullins (“Movant”)’s motion to vacate and correct his sentence as an armed career criminal under 28 U.S.C. § 2255, based on Johnson v. United States,

135 S. Ct. 2551

(2015). Because Johnson held that the Armed Career Criminal Act (“ACCA”)’s residual clause is unconstitutional, Movant argues he does not have three prior convictions…