Section 2255

In re: Tracy Garrett (11th Cir. November 2018)

The Court held that an application to file a successive motion under § 2255, brought by a defendant convicted under § 924(c) and based on Johnson and Dimaya, was not based on a “new rule of constitutional law,” since the Eleventh Circuit held en banc in Ovalles that “crime of violence” under § 924(c) is not void-for-vagueness. The Court also held that the “conduct-based approach” to § 924(c) announced in Ovalles did not create a “new rule of constitutional rule.”

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Robert Randolph v. United States (11th Cir. September 2018)

The Court affirmed the district court’s denial of the defendant’s § 2255 motion, holding that the defendant’s Johnson claim was not a “new rule of constitutional law that was previously unavailable” since the defendant included a Johnson claim in his first § 2255, which were procedurally defaulted.

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