In Re: Dennis Williams, No. 16-13013 (11th Cir. 2016)Annotate this Case
Petitioner filed an application seeking an order authorizing the district court to consider a second or successive motion to vacate, set aside, or correct his federal sentence, 28 U.S.C. 2255, citing Johnson v. United States and Welch v. United States. In this case, petitioner was convicted by a jury in 2008 of conspiracy to possess with intent to distribute five or more kilograms of cocaine, in violation of 21 U.S.C. 841(a)(1), (b)(1)(A)(ii) (Count 1); possession of a firearm in furtherance of a drug-trafficking crime, in violation of 18 U.S.C. 924(c) and 2 (Count 2); and possession of a firearm by a convicted felon, in violation of 18 U.S.C. 922(g)(1) and 924(e)(1) (Count 3). Defendant was sentenced as a career offender based on a 1989 conviction on three counts of armed robbery with a deadly weapon and a 2004 Florida conviction for aggravated assault. The court concluded that, to the extent petitioner relies on Johnson to invalidate his mandatory life sentence for Count 1 under 18 U.S.C. 3559(c), his claim fails because the record shows he was not sentenced under section 3559(c); to the extent petitioner relies on Johnson to invalidate his sentence enhancement under the career-offender guidelines, his claim also fails; and, as for his claim that his enhanced sentence on his conviction for Count 3 is invalid in light of Johnson, petitioner has made a prima facie showing that he meets the statutory criteria, but the court nevertheless denied his application. Because petitioner has not demonstrated that he will benefit from Johnson, the court denied his applications for leave to file a second or successive section 2255 motion.