USA v. Hanner, No. 20-30420 (5th Cir. 2022)
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Petitioner was convicted of aggravated burglary, manslaughter, and second-degree battery in federal court and was sentenced under the Armed Career Criminals Act (ACCA). Following the U.S. Supreme Court's decision in Johnson v. United States, 576 U.S. 591 (2015), Petitioner sought permission to file a second Sec. 2254 petition. The court granted Petitioner's request, mentioning only his aggravated burglary and second-degree battery convictions. However, on remand to the district court, Petitioner collaterally attacked his manslaughter conviction, claiming it did not constitute a "violent felony" under the ACCA. The district court considered Petitioner's claim as it pertained to his manslaughter conviction and rejected it. Petitioner appealed.
On appeal, the Fifth Circuit vacated the portion of the district court's order denying Petitioner's claims, and dismissed the claim as it pertains to the manslaughter conviction. The court held that the district court lacked jurisdiction because Petitioner did not have the court's permission to challenge his manslaughter conviction on remand.
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