In re: Kendall Starks, No. 15-15493 (11th Cir. 2016)

Petitioner filed a pro se application seeking a second or successive 28 U.S.C. 2255 motion to vacate, set aside, or correct his federal sentence. Petitioner was sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), based in part on his prior Florida conviction for battery on a law enforcement officer. Petitioner's application relies on Johnson v. United States. However, the court recently held that Johnson has not been made retroactive to cases on collateral review by the Supreme Court and it cannot be the basis for a second or successive section 2255 motion. Further, petitioner's remaining claim, based on a 2010 case, Johnson v. United States, merely interprets the text of the ACCA and does not announce a new rule of constitutional law. Accordingly, the court denied the application.