In re: Darren Demeatrie Gordon, No. 16-13681 (11th Cir. 2016)Annotate this Case
Petitioner filed two applications 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. Specifically, petitioner asserts that his 60-month consecutive sentence for using and carrying a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. 924(c), must be set aside in light of Johnson v. United States and Welch v. United States. The court concluded that petitioner's section 924(c) sentence would be valid even if Johnson makes the section 924(c)(3)(B) residual clause unconstitutional. The court held that a companion Hobbs Act robbery conviction, such as petitioner's, qualifies as a crime of violence under the use-of-force clause in section 924(c)(3)(A) without regard to the section 924(c)(3)(B) residual clause. Because petitioner failed to make a prima facie showing that his proposed claim meets the statutory criteria, the court denied his applications for leave to file a second or successive motion.