Moore v. United States
Court of Appeals for the First Circuit
1Opinion of the Court
KAYATTA, Circuit Judge.
Darnell Moore seeks to file a successive motion to vacate his federal sentence under 28 U.S.C. § 2255. Before he can do so, this court must certify that his motion “containfs] ... a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” 28 U.S.C. § 2255(h). The new rule upon which Moore’s motion relies, according to Moore, is that announced in Johnson v. United States (Johnson II), — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). Johnson II declared unconstitutionally vague the residual…
2Cases cited49 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Teague v. LaneSupreme Court of the United States · 1989
- Bousley v. United StatesSupreme Court of the United States · 1998
- Miller v. AlabamaSupreme Court of the United States · 2012
- Johnson v. United StatesSupreme Court of the United States · 2015
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- Brian Williams v. United StatesCourt of Appeals for the Sixth Circuit · 2019
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