In re: Drew Pollard, No. 19-12538 (11th Cir. 2019)Annotate this Case
The Eleventh Circuit denied petitioner's 28 U.S.C. 2255 application seeking an order authorizing the district court to consider a second or successive motion to vacate, set aside, or correct his federal sentence. The court held that, although petitioner can demonstrate that United States v. Davis, 139 S. Ct. 2319 (2019), is a new rule of constitutional law that applied retroactively to cases on collateral review, he failed to show a reasonable likelihood that he would benefit from the Davis rule. The court held that Davis addressed only 18 U.S.C. 924(c)(3)(B)'s residual clause, but the companion crime for which petitioner was convicted (armed robbery of a credit union) qualifies as a "crime of violence" under section 924(c)(3)(A)'s use-of-force clause.