Winarske v. United States

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The 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. View "Winarske v. United States" on Justia Law