Waagner v. U.S.

Dist. Ct. did not err in denying defendant's second collateral attack on his sentence (on charges of unlawful possession of firearms by felon and unlawful possession of stolen vehicle) under 28 USC section 2255, even though defendant asserted that his classification as armed career criminal under Armed Career Criminal Act (ACCA) was improper under Johnson, 576 U.S. 591, because his Ohio aggravated battery convictions did not qualify as violent felonies under ACCA. While defendant could properly file second collateral attack to raise instant issue, Ct. of Appeals found that Ohio aggravated burglary statute fits within ACCA's definition of generic burglary so as to qualify said convictions as violent felonies. Fact that government in first collateral attack conceded that Ohio aggravated burglary did not meet ACCA's definition of generic burglary did not require different result.