Charles Moody v. USA, No. 21-13302 (11th Cir. 2023)
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USCA11 Case: 21-13302 Document: 40-1 Date Filed: 02/13/2023 Page: 1 of 2 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-13302 Non-Argument Calendar ____________________ CHARLES MOODY, Petitioner-Appellant, versus UNITED STATES OF AMERICA, Respondent-Appellee. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:16-cv-21649-DMM ____________________ USCA11 Case: 21-13302 2 Document: 40-1 Date Filed: 02/13/2023 Opinion of the Court Page: 2 of 2 21-13302 Before ROSENBAUM, NEWSOM, and GRANT, Circuit Judges. PER CURIAM: Charles Moody, a federal prisoner, appeals the denial of his 28 U.S.C. § 2255 motion to vacate his sentence that was enhanced under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e). We granted a certificate of appealability (“COA”) to review whether Johnson v. United States, 576 U.S. 591 (2015), rendered Moody’s ACCA-enhanced sentence unconstitutional. The district court found that, even after Johnson and more recent legal developments, Moody still has at least three prior convictions that qualify for the enhancement. But the district court did not apply our decision in Beeman v. United States, 871 F.3d 1215 (11th Cir. 2017), which established what a movant needed to show to succeed on a Johnson claim in a § 2255 motion. Because Beeman calls for a factual inquiry into the basis for the original sentence, about which the court has made no findings, we vacate and remand for the district court to apply Beeman in the first instance. VACATED AND REMANDED.
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