Moore v. United States, No. 16-1612 (1st Cir. 2017)Annotate this Case
The First Circuit granted the certification requested by Petitioner that Petitioner’s successive motion to vacate his federal sentence under 28 U.S.C. 2255 contains a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable. Petitioner sought to argue in the district court that the new rule announced in Johnson v. United States (Johnson II), 135 S. Ct. 2551 (2015), which was made retroactive to cases on collateral review in Welch v. United States, 136 S. Ct. 1257 (2016), invalidates the residual clause of the career offender guideline applied at his sentencing, which occurred before United States v. Booker, 453 U.S. 220 (2055), made the guidelines advisory. For the reasons given in this opinion, the First Circuit certified that Petitioner’s successive motion satisfies 28 U.S.C. 2255(h)(2).