In re: Joseph Rogers, Jr., No. 16-12626 (11th Cir. 2016)Annotate this Case
Petitioner seeks authorization to file a second or successive 28 U.S.C. 2255 motion, alleging that his sentence enhancement under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1), is void in light of Johnson v. United States. The court concluded that, unless post-Descamps binding precedent clearly resolves the residual clause ambiguity the applicant has demonstrated, his application contains a Johnson claim such that his application is due to be granted. When, conversely, it is clear based on the sentencing court’s finding in sentencing the defendant that each predicate conviction qualified under the ACCA’s elements or enumerated crimes clause, or as a serious drug offense, or binding on-point precedent dictated that the predicate offenses categorically qualified under one of these other clauses, then his application does not “contain” a Johnson claim. In these limited circumstances, his application is due to be denied. The court concluded that petitioner failed to make out a prima facie case under Johnson where binding precedent clearly classifies as elements clause offenses the convictions petitioner’s sentencing court relied upon as ACCA predicates. Accordingly, the court denied the application.