Winarske v. United States, No. 17-2367 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed the district court's denial of petitioner's second motion to vacate his mandatory minimum fifteen-year sentence under the Armed Career Criminal Act (ACCA). The court held that the new rule in Johnson v. United States, 135 S. Ct. 2551 (2015), had no nexus to this claim. Furthermore, neither Mathis v. United States, 136 S. Ct. 2243 (2016), and Descamps v. United States, 570 U.S. 254 (2013), announced a new rule of law, made retroactive to cases on collateral review by the Supreme Court. Finally, in denying petitioner's first 28 U.S.C. 2255 motion, the district court held that his three class C felony burglary convictions fell within the ACCA's enumerated offenses clause and thus he could not raise these claims again.
Court Description: Loken, Author, with Smith, Chief Judge, and Gruender, Circuit Judge] Criminal case - Sentencing. The district court did not err in denying Winarske's successive Section 2255 motion to vacate his mandatory minimum sentence under the which argued that his prior North Dakota burglary convictions were not violent felonies for purposes of the Armed Career Criminal Act; Johnson has no nexus to this claim; Mathis and Descamps did not announce new rules of law made retroactive to cases on collateral review; finally, the district court had held in Winarske's first habeas that his three class C felony burglary convictions fell within the ACCA's enumerated offenses clause, and he could not raise the issue again.
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