In re: Gilberto Rivero, No. 15-13089 (11th Cir. 2015)
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Petitioner seeks an application for leave to file a second or successive motion to vacate, set
aside, or correct a federal sentence. At issue was whether the decision of the Supreme Court in Johnson v. United States established “a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court.” The court denied the application, holding that Johnson did not establish a new rule of constitutional law made retroactive to cases on collateral review by the Supreme Court. The new rule announced in Johnson neither prohibits Congress from punishing a criminal who has a prior conviction for attempted burglary nor prohibits Congress from increasing that criminal’s sentence because of his prior conviction.
The court issued a subsequent related opinion or order on January 6, 2016.
The court issued a subsequent related opinion or order on May 25, 2016.
The court issued a subsequent related opinion or order on June 8, 2016.
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