In Re: Ricardo Pinder, Jr., No. 16-12084 (11th Cir. 2016)Annotate this Case
Petitioner, sentenced under 18 U.S.C. 924(c), seeks authorization to file a second or successive 28 U.S.C. 2255 motion. Petitioner claims that the statute is unconstitutional in light of the Supreme Court's decision in Johnson v. United States. Given the similarity between section 924(c) and section 924(e), other Courts of Appeals have authorized successive section 2255 petitions based on Johnson in section 924(c) cases. Although this court has not decided if Johnson applies to section 924(c)(3)(B), petitioner has made a prima facie showing that his motion contains a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court. Accordingly, the court granted the application.