Solomon v. United States, No. 17-14830 (11th Cir. 2019)Annotate this Case
The Eleventh Circuit affirmed the district court's denial of petitioner's authorized successive 28 U.S.C. 2255 motion to vacate, set aside, or correct his sentence. The court held that, given the holding in Ovalles v. United States, 905 F.3d 1231 (11th Cir. 2018) (en banc), that 18 U.S.C. 924(c)(3)(B)'s residual clause is not unconstitutionally vague, a Johnson- or Dimaya-based vagueness challenge to section 924(c)'s residual clause cannot satisfy section 2255(h)(2)'s "new rule of constitutional law" requirement. Likewise, the court held that any challenge petitioner might raise to the district court's use of the categorical approach and its application of section 924(c)(3)(B)'s residual clause in his case would not satisfy section 2255(h) either, as such a claim would be statutory in nature.