Turner v. United States, No. 11-1884 (1st Cir. 2012)Annotate this Case
Appellant, a federal prisoner, appealed from the district court's denial of his 28 U.S.C. 2255 petition, which was largely focused on a variety of ineffective assistance of counsel claims. Appellant also appealed from the court's denial, as untimely, of his second motion to amend the petition. Appellant asserted on appeal that the second motion to amend was timely and that he should have been allowed to pursue a claim that he was improperly subject to sentencing as an armed career criminal because one prior offense was not a predicate in light of Johnson v. United States. The First Circuit Court of Appeals affirmed both decisions, holding (1) the second motion to amend did not raise an independent Johnson theory and thus the claim was forfeited; and (2) the second motion to amend was untimely.