Mays v. United States, No. 14-13477 (11th Cir. 2016)
Annotate this CasePetitioner, convicted of being a felon in possession of a firearm, appealed the district court's denial of his first and only 28 U.S.C. 2255 motion to vacate his sentence. Petitioner asserts that his sentence is illegal pursuant to Descamps v. United States and Johnson v. United States. The court held that Descamps and Johnson apply retroactively in the first post-conviction context. In this case, neither the enumerated clause nor the residual clause applies to petitioner’s prior burglary conviction, and it is therefore not a violent felony. Because petitioner only has two qualifying prior convictions under 18 U.S.C. 924(e)(1), his sentence is illegal. Accordingly, the court reversed and remanded for resentencing.
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