IN RE: EMBRY

No. 16-5447.

831 F.3d 377 (2016)

IN RE: Alford D. EMBRY, Movant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 29, 2016.


Attorney(s) appearing for the Case

ON RESPONSE: Debra A. Breneman , United States Attorney's Office, Knoxville, Tennessee, for Respondent. ON REPLY: Erin P. Rust , Federal Defender Services, Chattanooga, Tennessee, for Movant. ON MOTION: Alford D. Embry, Jr., Welch, West Virginia, pro se.

Before: KEITH, ROGERS, and SUTTON, Circuit Judges.


OPINION

Alford Embry seeks leave to file a successive motion to vacate or lower his sentence. See 28 U.S.C. § 2255. Invoking Johnson v. United States, ___ U.S. ___, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), which voided for vagueness the residual clause of a sentencing...

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