Legal Opinion
Raphael Donnell v. United States
Court of Appeals for the Eighth Circuit
Decided June 20, 2016No. 15-2581PublishedCited by 25 opinions
1Opinion of the Court
COLLOTON, Circuit Judge.
Raphael Donnell moves for authorization to file a second or successive motion under 28 U.S.C. § 2255(h). He seeks to challenge a sentence that was imposed in 2008 after the district court applied the career-offender sentencing guideline, USSG § 4B1.1, in calculating Donnell’s advisory sentencing range. Citing Johnson v. United States, — U.S. —, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), Donnell seeks to argue that the residual clause of USSG § 4B1.2(a)(2) is unconstitutionally vague and that his sentence should be vacated.
This court may authorize a second or successive…
2Cases cited14 opinions
- Johnson v. United StatesSupreme Court of the United States · 2015
- Welch v. United StatesSupreme Court of the United States · 2016
- Calderon v. ThompsonSupreme Court of the United States · 1998
- Donald Bennett v. United StatesCourt of Appeals for the Seventh Circuit · 1997
- United States v. Calvin MatchettCourt of Appeals for the Eleventh Circuit · 2015
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- In re: James Allen Irby, III v.Court of Appeals for the Fourth Circuit · 2017
- Darrell Walker v. United StatesCourt of Appeals for the Eighth Circuit · 2018
- Thomas Hoffner, Jr. v.Court of Appeals for the Third Circuit · 2017
- Jeffrey Russo v. United StatesCourt of Appeals for the Eighth Circuit · 2018
- Derrick Young v. United StatesCourt of Appeals for the Ninth Circuit · 2022
20 more not listed; retrieve them via the Exa API.