United States v. Clay, No. 17-60538 (5th Cir. 2019)Annotate this Case
The Fifth Circuit affirmed the district court's denial of petitioner's successive 28 U.S.C. 2255 motion for habeas relief. The court held that a prisoner bringing a successive section 2255 petition must show that it is "more likely than not" that the sentencing court relied on the residual clause to prove that his claim "relies on" Johnson v. United States, 135 S. Ct. 2551, 2563 (2015). In this case, petitioner failed to show by a preponderance of the evidence that he was sentenced under the residual clause and therefore his claim relies on Johnson. Accordingly, the district court properly dismissed the petition for lack of jurisdiction.
The court issued a subsequent related opinion or order on April 25, 2019.