United States v. Driscoll

BRISCOE, Circuit Judge.

*1129 This is a 28 U.S.C. § 2255 challenge, under Johnson v. United States , --- U.S. ----, 135 S.Ct. 2551 , 192 L.Ed.2d 569 (2015), to an Armed Career Criminal Act (ACCA) sentencing enhancement. In 2004, Chance Wade Driscoll ("Driscoll") pleaded guilty to being a felon in possession of a firearm. At Driscoll's sentencing in January 2005, the sentencing court 1 accepted the Presentence Investigation Report's ("PSR") determination that Driscoll was an armed career criminal based upon one previous drug conviction and two previous burglary convictions. The sentencing court did…