Rozier v. United States, No. 11-13557 (11th Cir. 2012)
Annotate this CasePetitioner filed a 28 U.S.C. 2255 motion to vacate, set aside, or correct his sentence, claiming that the sentencing court had erred in finding that his prior Florida felony conviction for battery on a law enforcement officer was a crime of violence for purposes of the U.S.S.G. 4B1.1 career offender enhancement and that this court had erred in rejecting that contention when the court affirmed his sentence. The district court rejected petitioner's claim and dismissed his section 2255 motion. The district court, however, granted a certificate of appealability on whether Johnson v. United States should be given retroactive application so that petitioner's career offender classification should be eliminated and he should be resentenced. The court held that Johnson was not a change in the controlling law that was applicable at the time of petitioner's sentencing and at the time the court affirmed his sentence. Further, petitioner's sentence would also stand under the modified categorical approach, which remained unaffected by Johnson. Accordingly, the court affirmed the judgment.
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