In re: Datrist McCall, No. 16-12972 (11th Cir. 2016)Annotate this Case
Petitioner seeks authorization to file a second or successive 28 U.S.C. 2255 motion based on Johnson v. United States. The court held that Johnson does not apply to the Guidelines for the purpose of permission to file a second or successive 2255 petition. Therefore, the court concluded that petitioner failed to make a prima facie showing that his proposed petition will meet section 2255(h)’s requirements for second or successive petitions. The court denied the application.