Ovalles v. United States, No. 17-10172 (11th Cir. 2017)
Annotate this CaseThe Eleventh Circuit affirmed the district court's denial of petitioner's motion under 28 U.S.C. 2255 to vacate her conviction and sentence for using and carrying a firearm during and in relation to a crime of violence, car jacking in this case. The court held that Johnson v. United States does not apply to or invalidate 18 U.S.C. 924(c)(3)(B) and that petitioner's attempted-carjacking conviction qualifies as a crime of violence under section 924(c)(3)(B). Alternatively, the court held that petitioner's attempted carjacking categorically qualifies as a crime of violence under the force clause of section 924(c)(3)(A).
The court issued a subsequent related opinion or order on May 15, 2018.
The court issued a subsequent related opinion or order on October 4, 2018.
The court issued a subsequent related opinion or order on October 9, 2018.
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