Unverzagt v. United States, No. 17-2325 (8th Cir. 2019)Annotate this Case
The Eighth Circuit affirmed the district court's denial of defendant's motion to correct his sentence under 28 U.S.C. 2255 based on Johnson v. United States, 135 S. Ct. 2551 (2015). The court held that Johnson did not justify relief in this case, because defendant's prior conviction for first degree assault qualified as a violent felony under the force clause. Therefore, defendant was not sentenced based on the residual clause and failed to satisfy the requirements for proceeding with a successive motion under section 2255(h)(2).