Garcia-Hernandez v. United States, No. 17-3027 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed the district court's denial of defendant's motion to vacate his sentence under 28 U.S.C. 2255, invoking Johnson v. United States, 135 S. Ct. 2551 (2015). The court held that defendant had at least three qualifying convictions under current law and resentencing would not change his Armed Career Criminal Act enhancement. Therefore, Johnson error was harmless and he was not entitled to relief under section 2255.
Court Description: Benton, Author, with Wollman and Arnold, Circuit Judges] Prisoner case - Habeas. For Garcia-Hernandez's direct appeal, see U.S. v. Garcia-Hernandez, 803 F.3d 994 (8th Cir. 2015). Garcia-Hernandez had at least three qualifying convictions under current law and resentencing would not change his ACCA enhancement; as a result, any Johnson error was harmless; defendant's robbery convictions were violent felonies under the force clause - see Stokeling v. U.S., 139 S. Ct. 544 (2019).
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