Irma Ovalles v. United States
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
HULL, Circuit Judge:
Irma Ovalles, a federal prisoner, appeals the district court’s denial of her 28 U.S.C. § 2255 motion to vacate her conviction and sentence for using and carrying a firearm during and in relation to a crime of violence (Count Five), namely, attempted carjacking (Count Four), on the grounds that the “risk-of-force” clause in 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague under Johnson v. United States, 576 U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). The district court held that the “risk-of-force” clause in § 924(c)(3)(B) was not void for vagueness and that,…
2Cases cited20 opinions
- Johnson v. United StatesSupreme Court of the United States · 2015
- Welch v. United StatesSupreme Court of the United States · 2016
- Gonzales v. Duenas-AlvarezSupreme Court of the United States · 2007
- Holloway v. United StatesSupreme Court of the United States · 1999
- United States v. EvansSupreme Court of the United States · 1948
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3Cited by48 opinions
- United States v. Joseph SimmsCourt of Appeals for the Fourth Circuit · 2019
- United States v. Michael St. HubertCourt of Appeals for the Eleventh Circuit · 2018
- Irma Ovalles v. United StatesCourt of Appeals for the Eleventh Circuit · 2018
- United States v. SalasCourt of Appeals for the Tenth Circuit · 2018
- Michael Brown v. United StatesCourt of Appeals for the Eleventh Circuit · 2019
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