Jeffrey Bernard Beeman v. United States

I agree with the majority that Beeman’s Johnson claim is timely,1 and that he unequivocally bears the burden of establishing his right to relief. I cannot agree, however, that he has failed to adequately demonstrate that he was sentenced under the residual clause of the Armed Career Criminal Act (“ACCA”), or that his claim is substantively without merit. Specifically, I do not believe that the merits of Bee-man’s timely Johnson claim can be properly assessed without reaching the question of whether his conviction for aggravated assault in Georgia qualifies as a proper predicate offense under…