Walker v. United States, No. 16-4284 (8th Cir. 2018)Annotate this Case
In 2016, the Eighth Circuit granted petitioner authorization for a successive 28 U.S.C. 2255 motion, in which he claimed that his prior Missouri convictions for burglary of an inhabitable structure no longer qualified him as an armed career criminal. The district court denied relief and this court granted a certificate of appealability.
The court agreed with those circuits that required a movant to show by a preponderance of the evidence that the residual clause led the sentencing court to apply the Armed Career Criminal Act (ACCA) enhancement, and the mere possibility that the residual clause was relied on was insufficient to satisfy the burden. Because whether the residual clause provided the basis for ACCA enhancement was a factual question, the court remanded for the district court to make that determination in the first instance.