IN RE: Marcus CRANDELL (2018)

ORDER

Marcus Crandell has filed a motion under 28 U.S.C. § 2244(b) and § 2255(h) for authorization to file a second or successive motion under 28 U.S.C. § 2255. Crandell has made a prima facie showing that the new rule of constitutional law announced in Johnson v. United States, ––– U.S. ––––, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), and held to apply retroactively to cases on collateral review by Welch v. United States, ––– U.S. ––––, 136 S.Ct. 1257, 194 L.Ed.2d 387 (2016), may apply to his case. We grant authorization for Crandell to file a second or successive § 2255 motion, thus permitting consideration of the motion by the district court in the first instance. We express no opinion on the timeliness or merits of Crandell’s Johnson claim. Likewise, we express no opinion on the Government’s suggestion that the merits of Crandell’s successive § 2255 motion are barred by either the abuse of the writ doctrine or the doctrine of procedural default. Nothing in this order should be construed as prohibiting the Government from raising those arguments before the district court for consideration in the first instance.

PER CURIAM:

Motion granted by unpublished per curiam order.