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16-293 - Villanueva v. USA


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16-293 - Villanueva v. USA
June 10, 2016
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RULING RE: PETITIONERS SUCCESSIVE MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE (DOC. NO. 1): Villanuevas Successive Motion to Vacate, Set Aside or Correct Sentence (Doc. No. 1) is GRANTED and his sentence is hereby VACATED. Villanueva is to be resentenced. Villanueva cannot qualify for the sentencing enhancement under the Armed Career Criminal Act, 18 U.S.C. ยง 924(e), absent further Shepard-approved documentary evidence establishing by a preponderance of the evidence (1) that Villaneuva was convicted under the version of section 53a-59(a)(1) of the Connecticut General Statutes necessitating, as an element, the use of force; or (2) that section 53a-167c of the Connecticut General Statutes, or a subsection therein, has as an element the use of force and that Villanueva was convicted under a subsection of that statute that qualifies under ACCA. Signed by Judge Janet C. Hall on 6/10/2016. (Lewis, D)