United States First Circuit

In an action seeking certification for leave to file a second or successive motion pursuant to 28 U.S.C. section 2255, the application is granted where: 1) the U.S. Supreme Court's decision in Johnson v. US, 135 S.Ct. 2551 (2015), which struck down the "residual clause" of the ACCA as unconstitutionally vague, announced a new rule of constitutional law that was previously unavailable; and 2) petitioner has at least made a prima facie showing that Johnson has been made retroactive by the Supreme Court.

Appellate Information

• Decided 10/20/2015
• Published 10/20/2015

Judges

• PER CURIAM

Court

• United States First Circuit

Counsel