Federal 7th Circuit Court
Civil Court
Habeas Corpus
Defendant filed motion seeking leave to file successive habeas petition that challenged his sentence, which was based, in part, on finding that he qualified for negative treatment as armed career criminal under 18 USC section 924(e), where defendant asserted that he was entitled to new sentence under Johnson, 135 S. Ct. 2552, which held that residual clause of Armed Career Criminal Act (ACCA) was unconstitutional. Defendant challenged finding that his Illinois conviction for attempted robbery qualified as crime of violence for purposes of ACCA, and although Ct. of Appeals had previously found in unpublished order that said offense qualified as crime of violence, defendant was entitled to raise issue in instant habeas petition.