United States v. Brown, No. 16-7056 (4th Cir. 2017)Annotate this Case
The Fourth Circuit affirmed the district court's dismissal of petitioner's 28 U.S.C. 2255 motion. The court rejected petitioner's claim, in light of Johnson v. United States, 135 S. Ct. 2551 (2015), that his prior South Carolina conviction for assault on a police officer while resisting arrest qualified as a predicate "crime of violence" for career-offender status under the Sentencing Guidelines. Petitioner can succeed only if, inter alia, a Supreme Court precedent has rendered his motion timely by recognizing a new right entitling him to relief. The court held that neither Johnson nor Beckles v. United States, 137 S. Ct. 886, 895 (2017), nor any other Supreme Court case has recognized the specific right on which petitioner sought to rely. The court explained that only the Supreme Court can recognize the right which would render petitioner's motion timely under section 2255(f)(3).
The court issued a subsequent related opinion or order on February 28, 2018.