WAAGNER v. U.S.

No. 19-3008.

971 F.3d 647 (2020)

Clayton Lee WAAGNER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 2020.


Attorney(s) appearing for the Case

Thomas W. Patton , Attorney, Office of the Federal Public Defender, Peoria, IL, for Petitioner-Appellant.

Eugene L. Miller , Attorney, Office of the United States Attorney, Urbana Division, Urbana, IL, for Respondent Appellee.

Before Sykes, Chief Judge, and Ripple and Kanne, Circuit Judges.


Clayton Waagner filed a second collateral attack on his sentence under 28 U.S.C. § 2255. He now claims that his classification as an armed career criminal under the Armed Career Criminal Act ("ACCA") is improper in light of the Supreme Court's decision in Johnson v. United States, 576 U.S. 591,

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