In Re: Anthony Williams, No. 15-30731 (5th Cir. 2015)
Annotate this CaseMovant was sentenced to 15 years in prison under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), as a felon in possession of a firearm with three predicate felonies. After the Supreme Court in Johnson v. United States found the “residual clause” of the ACCA to be unconstitutionally vague, movant sought leave to file a successive writ under 28 U.S.C. 2255 to challenge his sentence. Movant argued that one of his predicate offenses – the robbery – fell under the residual clause, and that his ACCA sentence is therefore invalid after Johnson. The court concluded that after Johnson, defendants similar to movant may, within the bounds of the constitution, face a 15 year sentence – Congress is not “deprived” of that power. Johnson merely mandates that Congress require such punishment with greater clarity – fair notice to persons it engages. Therefore, Johnson is not available to movant on collateral review. Accordingly, the court denied movant's motion to file a successive 28 U.S.C. 2255 petition.
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