Brown v. United States, No. 16-1293 (1st Cir. 2018)
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The First Circuit denied Petitioner’s application seeking permission to file a successive motion under 28 U.S.C. 2255 to vacate her conviction and sentence for possessing a destructive device during and in relation to and in furtherance of a crime of violence, holding that Petitioner’s application did not meet the requirements for certification of a successive section 2255 motion.
Petitioner sought to file this successive motion in 2016 following the Supreme Court’s decision in Johnson v. United States, 135 S. Ct. 2551 (2015). Petitioner then supplemented her motion after Sessions v. Dimaya, 138 S. Ct. 1204 (2018), was decided. Petitioner hoped to argue in the district court that the rule announced in Johnson and reiterated in Dimaya rendered the definition of “crime of violence” under which she was convicted unconstitutionally void for vagueness. The First Circuit denied the application, holding that Johnson’s rule, reaffirmed in Dimaya, did not extend to Petitioner’s conviction under 924(c)’s residual clause.
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