Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Willis v. United States

United States District Court, W.D. Tennessee, Western Division

January 14, 2020

NANCY WILLIS, Movant,
v.
UNITED STATES OF AMERICA, Respondent.

          ORDER TRANSFERRING SUCCESSIVE § 2255 PETITION TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT AND CLOSING CASE

          THOMAS L. PARKER UNITED STATES DISTRICT JUDGE

         Movant Nancy Willis[1] sues pro se under 28 U.S.C. § 2255 to vacate, set aside, or correct her sentence. (ECF No. 1). This is her third § 2255 Petition on this case. For the following reasons, the Court TRANSFERS this successive § 2255 Petition to the Sixth Circuit Court of Appeals and directs the Clerk to close this case without entry of judgment.

         BACKGROUND

         I. Criminal Case, No. 2:04-cr-20314-SHM-01

         A federal grand jury in the Western District of Tennessee returned a seventeen-count second superseding indictment against Willis in March 2005.[2] After trial, a jury convicted Willis of robbing seven women's clothing stores in or near Memphis, Tennessee between July 2003 and July 2004. (See ECF Nos. 108 & 109.) The Court then sentenced Willis to serve 160 years in prison. (See ECF Nos. 125 & 127.) The Sixth Circuit affirmed Willis's convictions and sentences. United States v. Willis, 232 Fed.Appx. 527, 529-32 (6th Cir. 2007).

         II. First § 2255 Motion

         In 2010, Willis filed the first § 2255 Motion in her criminal case alleging that her convictions were invalid under Bailey v. United States, 516 U.S. 137 (1995) and United States v. O'Brien, 560 U.S. 218 (2010). (See No. 2:04-cr-20314, ECF No. 160.) The Court denied Plaintiff's motion (ECF No. 161), and the Sixth Circuit Court of Appeals denied a certificate of appealability (ECF No. 168).

         III. Second Habeas Petition, No. 19-2680

         Willis filed her second § 2255 motion in June 2016. (See No. 2:16-cv-2405-TLP-tmp, ECF No. 1.) She alleges that:

1. Her sentence violates the holding of Johnson v. United States, 135 S.Ct. 2551 (2015) (id. at PageID 4)
2. Willis was sentenced by the judge and not a jury (id. at PageID 5)
3. Trial counsel provided ineffective assistance by failing to file a motion for severance (id. at PageID 7); and
4. Willis's sentence was unduly harsh (id. at PageID 8).

         In February 2019, this Court denied Willis's second § 2255 Motion (ECF No. 14) and entered a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.