SANDERS v. UNITED STATES (2020)

[Unpublished]

William Leroy Sanders appeals after the district court ¹ denied his 28 U.S.C. § 2255 motion, and granted a certificate of appealability on his claim that his sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), is invalid in light of Johnson v. United States, 576 U.S. 591, 606, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015) (invalidating residual clause of ACCA as unconstitutionally vague). Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

This court concludes Sanders did not meet his burden to show by a preponderance of the evidence that the residual clause led the sentencing court to apply the ACCA enhancement. See Dembry v. United States, 914 F.3d 1185, 1187 (8th Cir. 2019) (standard of review); Golinveaux v. United States, 915 F.3d 564, 567-68 (8th Cir. 2019) (movant bringing Johnson claim must show by preponderance of evidence that residual clause led sentencing court to apply ACCA enhancement).

The judgment is affirmed.

FOOTNOTES

1.   The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa.

PER CURIAM.