Opinion
Case No. 16-C-741 Criminal Case No. 05-CR-240
06-23-2016
UNITED STATES OF AMERICA, Plaintiff, v. ANDRE PRZEWORSKI, Movant.
ORDER
Pending before this Court is Movant Andre Przeworski's petition pursuant to 28 U.S.C. § 2255. Przeworski's 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 Przeworski's 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:
/s/ _________
HON. RUDOLPH T. RANDA
U.S. District Judge