In Re: Sherman Fields, No. 16-50521 (5th Cir. 2016)Annotate this Case
Movant seeks authorization to file a successive 28 U.S.C. 2255 motion pursuant to Johnson v. United States. Movant seeks application of Johnson to the differently worded "crime of violence" definition in 18 U.S.C. 924(c)(3)(B). The court concluded that, although Johnson announced a new rule of constitutional law that has been made retroactive by the Supreme Court to cases on collateral review, it did not address section 924(c)(3)(B). Even if Johnson does apply to that provision, the Supreme Court has not addressed whether this arguably new rule of criminal procedure applies retroactively to cases on collateral review. Consequently, movant has not demonstrated that he is entitled to authorization to proceed based on Johnson. The court denied the motion for authorization.