United States District Court, W.D. Tennessee, Western Division
ORDER TRANSFERRING SUCCESSIVE § 2255 PETITION TO
THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT AND
L. PARKER UNITED STATES DISTRICT JUDGE
Nancy Willis 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.
Criminal Case, No. 2:04-cr-20314-SHM-01
federal grand jury in the Western District of Tennessee
returned a seventeen-count second superseding indictment
against Willis in March 2005. 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).
First § 2255 Motion
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).
Second Habeas Petition, No. 19-2680
filed her second § 2255 motion in June 2016.
(See No. 2:16-cv-2405-TLP-tmp, ECF No. 1.) She
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);
4. Willis's sentence was unduly harsh (id. at
February 2019, this Court denied Willis's second §
2255 Motion (ECF No. 14) and entered a ...