Villanueva v. United States

RULING RE: PETITIONER’S SUCCESSIVE MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE (DOC. NO. 1)

Janet C. Hall, United States District Judge

I. INTRODUCTION

Richard Villanueva (“Villanueva”) moves to vacate, set aside, or correct his sentence under section 2255 of title 28 of the United States Code (“section 2255”). Motion to Vacate, Set Aside or Correct Sentence (“Motion”) (Doc. No. 1). Villanueva claims that his sentence under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), is invalid in light of Johnson v. United States, — U.S. -, 135 S. Ct. 2551, 192 L.Ed.2d 569 (2015). Motion at…