United States v. Powe

Full title: UNITED STATES OF AMERICA, Plaintiff, v. DERRICK GLEN POWE, Movant.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

Date published: Apr 21, 2016

Case No. 16-C-403 (E.D. Wis. Apr. 21, 2016)

Opinion

Case No. 16-C-403 Criminal Case No. 08-CR-134

04-21-2016

UNITED STATES OF AMERICA, Plaintiff, v. DERRICK GLEN POWE, Movant.

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

ORDER

Pending before this Court is Movant Derrick Glen Powe's motion pursuant to 28 U.S.C. § 2255.¹ Powe contends that the ruling in Johnson v. United States, 135 S. Ct. 2551 (2015), establishes that the residual clause in U.S.S.G. § 4B1.2 is void for vagueness. That issue is awaiting decision by the 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.

1 Powe has received permission to file a successive petition. See Powe v United States, No. 15-3895 (7th Cir. Jan. 19, 2016). --------

SO ORDERED at Milwaukee, Wisconsin, this 21st day of April, 2016.

BY THE COURT:

/s/ _________

HON. RUDOLPH T. RANDA

U.S. District Judge