In Re: James Howard Sams, No. 16-14515 (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 pursuant to 28 U.S.C. 2255(h) and 2244(b)(3)(A). The court concluded that it is not enough for a federal prisoner to simply identify Johnson v. United States as the basis for the claim or claims he seeks to raise in a second or successive section 2255 motion, as he also must show that he falls within the scope of the new substantive rule announced in Johnson. In this case, defendant has not made a prima facie showing for relief under Johnson as to his conviction under 18 U.S.C. 924(c) because his section 924(c) conviction was based on his companion conviction for bank robbery, in violation of 18 U.S.C. 2113(a), which requires that the defendant take the property of a bank “by force and violence, or by intimidation.” The court agreed with the Fourth Circuit and held that a bank robbery conviction under section 2113(a) by force and violence or by intimidation qualifies as a crime of violence under the section 924(c)(3)(A) use-of-force clause. Similarly, defendant has not made a showing that he is entitled to relief on his career-offender enhancement following Johnson. The court rejected defendant's remaining claims and denied the application for leave to file a second or successive motion.