Opinion

In re: Charles Therion Clayton

  • 829 F.3d 1254
  • 2016 U.S. App. LEXIS 13133
  • 2016 WL 3878156
Court
Court of Appeals for the Eleventh Circuit
Filed
Jul 18, 2016
Status
Published
On the bench
Martin, Rosenbaum, Pryor
Nature of suit
ORD
Cited by
17 cases
Authority
More cited than 68.2%

noting that Thomas was the Eleventh Circuit’s “first published opinion on this issue [of whether Descamps applies to a Johnson claim]”

How later courts described this case

  • noting that Thomas was the Eleventh Circuit’s “first published opinion on this issue [of whether Descamps applies to a Johnson claim]”
  • Rosenbaum and Jill Pryor, JJ., concurring in result
  • “We have received over 1,800 requests for authorization to file a second or successive § 2255 motion since Welch was decided.”

Written by the judges who cited it.

The opinion

ORDER:

Charles Clayton seeks permission to file a 28 U.S.C. § 2255 motion based on Johnson v. United States, — U.S. -, 135 S.Ct. 2551 , 192 L.Ed.2d 569 (2015). Because Mr. Clayton previously filed a § 2255 motion, his new motion must be “certified as provided in section 2244 by a panel of the appropriate court of appeals to contain ... a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” 28 U.S.C. § 2255 (h)(2). “The court of appeals may authorize the filing of a second or successive application only if it determines that the application makes a prima facie showing that the application satisfies the re *1256 quirements of this subsection.” Id. § 2244(b)(3)(C). Mr. Clayton was sentenced in 2010 using United States Sentencing Guidelines § 4B1.1. This court has held that Johnson does not apply to sentences that were based on USSG § 4B1.1. See United States v. Matchett, 802 F.3d 1185, 1196 (11th Cir. 2015). Mr. Clayton has therefore not made “a prima facie showing” that his motion will meet § 2255(h)’s requirements for second or successive § 2255 motions. 28 U.S.C. § 2244 (b)(3)(D).

APPLICATION DENIED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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