Scanlan v. United States of America

Filing 24

ORDER signed by Judge Rudolph T Randa on 1/26/2016 re 11 Amended MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Eric S Scanlan. The Court stays the resolution of this action until a decision by the Court of Appeals in United States v Rollins, No. 13-1731 and the consolidated cases of United States v Hurlburt, No. 14-3611 and United States v Gillespie, No. 15-1686. (cc: all counsel)(lz)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
Plaintiff,
-vs-

Case No. 13-C-440
(Criminal Case No. 10-CR-25)

ERIC SCANLAN,
Movant.

ORDER

Pending before this Court is Movant Eric Scanlan’s amended motion
pursuant to 28 U.S.C. § 2255. One of Scanlan’s contentions is that Johnson
v. United States, 133 S.Ct. 2276 (2015) which holds the residual clause of
the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), is
unconstitutionally vague, applies retroactively to collateral attacks
involving U.S.S.G. § 4B.1.2(a)(2), a residual clause worded identically to
ACCA’s residual clause. 1 That issue, critical to the disposition of Scanlan’s
petition, is awaiting decision by the Court of Appeals, see Dawkins v.
United States, No. 15-3667,

F.3d

, 2016 WL 80552, at *1 (7th Cir. Jan.

7, 2016) (noting that the issue is pending in United States v. Rollins, No.

1Scanlan’s

case involves U.S.S.G. § 2K2.1(a)(2) which incorporates § 4B.1.2(a)(2).

13-1731, and the consolidated cases of United States v. Hurlburt, No. 143611 and United States v. Gillespie, No. 15-1686.) Based on the foregoing,
the Court stays the resolution of this action until Rollins is decided.
SO ORDERED at Milwaukee, Wisconsin, this

26th

day of

January, 2016.
BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

-2-