Stephen G. Burke, Petitioner v. United States of America, Respondent

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Stephen G. Burke, Petitioner v. Case No. 17-cv-328-SM Opinion No.

2018 DNH 155

United States of America, Respondent O R D E R Petitioner, Stephen Burke, seeks relief under the provisions of 28 U.S.C. § 2255. He argues that the decision in Johnson v. United States,

135 S. Ct. 2551

(2015), made retroactive in Welch v. United States,

136 S. Ct. 1257

(2016), invalidates the “residual clause” of the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), and, that his prior assault with intent to murder conviction cannot serve as an ACCA predicate.…