United States Fourth Circuit

Motion seeking pre-filing authorization to pursue a successive 28 U.S.C. section 2255 petition for habeas relief from conviction of armed bank robbery, 18 U.S.C. sections 2113(a) and (d), carrying a firearm during a crime of violence, sections 924(c)(1) and (3), possessing stolen money, sections 2113(c) and (d), and conspiracy to possess stolen money, is granted where: 1) application of Johnson v. US, 135 S. Ct. 2551 (2015), to section16(b) as incorporated into the Sentencing Guidelines might render the career-offender residual clause that was applicable at the time petitioner was sentenced unconstitutional; and 2) the rule in Johnson is substantive with respect to its application to the Sentencing Guidelines and therefore applies retroactively.

Appellate Information

• Published 2016/06/08

Judges

• GREGORY

Court

• United States Fourth Circuit

Counsel