Jerome Raybon v. United States

OPINION

SUHRHEINRICH, Circuit Judge.

Petitioner Jerome Raybon appeals the district court’s denial of his 28 U.S.C. § 2255 motion, claiming that his Michigan offense of assault with intent to do great bodily harm no longer qualifies as a crime of violence under the Sentencing Guidelines after Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015) {Johnson 2015). We conclude that his claim is not timely under 28 U.S.C. § 2255(f)(3).

I

In 2004, during the pre-Booker era when the Sentencing Guidelines were deemed mandatory, see United States v. Booker, 543 U.S. 220, 233, 125 S.Ct.…