Legal Opinion
United States v. Glen Clay
Court of Appeals for the Fifth Circuit
Decided April 18, 2019No. 17-60538PublishedCited by 45 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
The district court denied Petitioner's successive § 2255 habeas petition because he failed to establish that the sentencing court relied on the residual clause to impose his ACCA-enhanced sentence. Because this court concludes that a prisoner bringing a successive § 2255 petition must show that it is "more likely than not" that the sentencing court relied on the residual clause to prove that his claim "relies on" Johnson , the district court's judgment is AFFIRMED.
BACKGROUND
Following a jury trial in 2008, Petitioner Glen B. Clay, federal prisoner #09299-043, was…
2Cases cited19 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Johnson v. United StatesSupreme Court of the United States · 2015
- Welch v. United StatesSupreme Court of the United States · 2016
- Jeffrey Bernard Beeman v. United StatesCourt of Appeals for the Eleventh Circuit · 2017
- United States v. KeyCourt of Appeals for the Fifth Circuit · 2000
14 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- United States v. Lauro Valdez, Jr.Court of Appeals for the Fifth Circuit · 2020
- In Re: Orlando HallCourt of Appeals for the Fifth Circuit · 2020
- Clayton Waagner v. United StatesCourt of Appeals for the Seventh Circuit · 2020
- Roberto Beras v. Calvin Johnson, WardenCourt of Appeals for the Fifth Circuit · 2020
- Jerome Julius Weeks v. United StatesCourt of Appeals for the Eleventh Circuit · 2019
40 more not listed; retrieve them via the Exa API.