*1 Before COLLOTON, BOWMAN, and KELLY, Circuit Judges.
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PER CURIAM.
In 2013, James Villa pled guilty to possession with intent to distribute marijuana and he was sentenced as a career offender to 164 months in prison. In 2015, Villa filed this 28 U.S.C. § 2255 motion, claiming that his sentence violated his rights under the Due Process Clause because he no longer qualified as a career offender after Johnson v. United States , 135 S. Ct. 2551 (2015). Johnson held that *2 the “residual clause” of the Armed Career Criminal Act was unconstitutionally vague. Villa argued by extension that an identically-worded provision of the Sentencing Guidelines applied in his case, USSG § 4B1.2(a)(2) (2013), was also unconstitutionally vague. The district court denied relief, and Villa appeals. [1]
Assuming without deciding that Villa’s claim was not waived in his plea agreement, Villa is not entitled to relief under § 2255 because the advisory Guidelines are not subject to a vagueness challenge under the Due Process Clause. Beckles v. United States , 137 S. Ct. 886, 895 (2017).
The judgment is affirmed, and counsel’s motion to withdraw is granted.
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[1] The Honorable John M. Gerrard, United States District Judge for the District of Nebraska. -2-