Willits v. United States

ORDER

VIRGINIA M. HERNANDEZ COVINGTON, UNITED STATES . DISTRICT JUDGE

This cause is before the Court on John David Willits’ 28 U.S.C. § 2255 motion to vacate, set aside or correct an allegedly illegal sentence (hereinafter “motion” or “motion to vacate”). (Doc. cv-1; cr-67). The Magistrate Judge appointed the Federal Public Defender’s Office to represent Willits in this matter. (Doc. cr-60).

Willits seeks to have this Court resen-tence him based on Johnson v. U.S., — U.S. —, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015) (The Armed Career Criminal Act’s residual clause is unconstitutional).

PROCEDURAL…