In Re: Charles Hines, No. 16-12454 (11th Cir. 2016)

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Justia Opinion Summary

Petitioner seeks an order authorizing the district court to consider a second or successive motion to vacate, set aside, or correct his federal sentence. Petitioner wishes to raise a claim based on a new rule of constitutional law announced in Johnson v. United States in his 28 U.S.C. 2255 motion. The court concluded that petitioner's conviction under 18 U.S.C. 924(c) would be valid even if Johnson renders the "crime of violence" definition in section 924(c)(3)(B) unconstitutional. Therefore, the court denied the application for leave to file a second or successive motion because petitioner failed to make a prima facie showing that his proposed claim meets the statutory criteria.

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