Holt v. United States, No. 16-1793 (7th Cir. 2016)
Annotate this CaseAbout a decade ago, Holt was convicted of possessing a firearm despite prior convictions that barred gun ownership, 18 U.S.C. 922(g)(1). The court deemed him an armed career criminal, 18 U.S.C. 924(e), and imposed a 200-month sentence, counting a burglary conviction as one of his three prior violent felonies. Without that enhancement, Holt’s maximum sentence would have been 120 months. After the Supreme Court held that the residual clause in 924(e)(2)(B)(ii) is unconstitutionally vague, Holt challenged his sentence under 28 U.S.C. 2255. The Seventh Circuit affirmed denial of his petition. While Holt’s appeal was pending the Seventh Circuit held that the version of the Illinois burglary statute under which he was convicted is not a “violent felony” because it does not satisfy the definition of “burglary” used for indivisible statutes. The court acknowledged that the holdings apply retroactively, but noted that this is Holt’s second section 2255 proceeding. A successive collateral attack is permissible only if the court of appeals certifies that it rests on newly discovered evidence or “a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” His current argument rests on a Seventh Circuit precedent and on a decision that has not been declared retroactive by the Supreme Court and is not a new rule of constitutional law. Holt’s claim depends on the meaning of “burglary” rather than the meaning of the Constitution.
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