Savoca v. United States, No. 20-1502 (2d Cir. 2021)
Annotate this CaseThe Second Circuit affirmed the district court's dismissal of petitioner's second or successive petition for writ of habeas corpus under 28 U.S.C. 2255. The court concluded that the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), as well as United States v. McCoy, 995 F.3d at 32, bars petitioner from raising his claim arguing that his consecutive ten-year sentence is invalid because attempted Hobbs Act robbery is not a crime of violence. Applying the deferential clear standard of review, the court also concluded that the district court did not reversibly err in dismissing the petition and rejected petitioner's contention that his fifteen-year sentence as a career offender under the Armed Career Criminal Act is invalid in light of the Supreme Court's decision in Johnson v. United States, 576 U.S. 591 (2015).
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