Blow v. United States, No. 16-1530 (2d Cir. 2016)
Annotate this CasePetitioner pleaded guilty to one count of conspiring to distribute five grams or more of cocaine base and was sentenced to 130 months in prison. The district court found that petitioner qualified as a career offender under USSG 4B1.1 because he had two previous convictions for a crime of violence. Petitioner moved for leave to file a successive 28 U.S.C. 2255 motion and argued that his sentence enhancement under USSG 4B1.1 was rendered unconstitutional by Johnson v. United States. The court noted that there is substantial disagreement among other circuits on the question on which the Supreme Court has granted certiorari in Beckles v. United States. The court concluded that petitioner has made a prima facie showing that his claim satisfies section 2255(h) and warrants fuller exploration by the district court. The court granted the motion and instructed the district court to hold petitioner's section 2255 motion in abeyance pending the outcome of Beckles.
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