In re: Dearnta Thomas, No. 19-292 (4th Cir. 2021)Annotate this Case
Movant seeks authorization to file a successive 28 U.S.C. 2255 application based on the holding in Davis v. United States, 139 S. Ct. 2319 (2019), that the residual clause of 18 U.S.C. 924(c)'s crime-of-violence definition was unconstitutionally vague. The Fourth Circuit joined its sister circuits in holding that Davis applies retroactively to cases on collateral review. The court also found that movant has stated a plausible claim for relief that warrants review by a district court. Accordingly, the court granted the motion.