In re: Jasper Moore, No. 16-13993 (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 pursuant to 28 U.S.C. 2255(h) and 2244(b)(3)(A). Relying on Johnson v. United States, petitioner argued that his prior Florida convictions for burglary, robbery, and armed robbery no longer qualify as violent felonies. The court concluded that petitioner has made a prima facie case that he falls within the scope of the new substantive rule announced in Johnson. In this case, petitioner's two Florida robbery-with-a-firearm convictions (which count as one predicate conviction because they were not committed on occasions different from one another) and his separate armed robbery conviction qualify as violent felonies under the court's binding precedent. However, it is not clear which of petitioner's other felony convictions were used by the district court as the third Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), predicate offense and why. It is also not clear whether the district court relied on the residual clause or the other ACCA clauses not implicated by Johnson. Accordingly, the court granted the application.