United States v. Murphy

KELLY, Circuit Judge.

*1066 Defendant-Appellant John Parker Murphy appeals from the district court's dismissal of his second motion to vacate his sentence pursuant to 28 U.S.C. § 2255 . On appeal, Mr. Murphy argues that his sentence should be vacated in light of Johnson v. United States , --- U.S. ----, 135 S.Ct. 2551 , 192 L.Ed.2d 569 (2015). We have jurisdiction under 28 U.S.C. §§ 1291 and 2255(d), and we affirm because Mr. Murphy was sentenced under the ACCA's enumerated offense clause rather than its residual clause.

Background

In 2008, Mr. Murphy pled guilty to being a felon in possession of a…