Jones v. United States of America

Filing 5

ORDER signed by Judge Rudolph T. Randa on 6/23/2016 STAYING action pending resolution of US v. Rollins. (cc: all counsel, via mail to Joseph Jones at FCI Fort Dix)(cb)

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

Case No. 16-C-733
(Criminal Case No. 94-CR-43)

JOSEPH CARL JONES,
Movant.

ORDER
Pending before this Court is Movant Joseph Carl Jones’ petition
pursuant to 28 U.S.C. § 2255. Jones’ sole contention is that Johnson v.
United States, 135 S. Ct. 2551 (2015), which holds the residual clause of
the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), is
unconstitutionally vague and applies retroactively to collateral attacks
involving U.S.S.G. § 4B.1.2(a)(2), a residual clause worded identically to
the ACCA’s residual clause. That issue, critical to the disposition of Jones’
petition, is awaiting decision by the Seventh Circuit Court of Appeals, see
Dawkins v. United States, 809 F.3d 953, 954 (7th Cir. 2016) (noting that
the issue is pending 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). Based on the foregoing, the Court stays
the resolution of this action until Rollins is decided.

SO ORDERED at Milwaukee, Wisconsin, this 23rd day of
June, 2016.
BY THE COURT:

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

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