Johnson v. United States

KATZMANN, Circuit Judge:

Petitioner Leonard C. Johnson, proceeding pro se, seeks leave to file a successive 28 U.S.C. § 2255 motion challenging his amended judgment of conviction for armed bank robbery and carrying a firearm during a crime of violence. We hold that Johnson’s proposed § 2255 motion would not be successive in light of the Supreme Court’s decision in Magwood v. Patterson, — U.S. -, 130 S.Ct. 2788, 177 L.Ed.2d 592 (2010), because it is his first § 2255 motion challenging the amended judgment of conviction, and that Magwood partially abrogates this Court’s decision in Galtieri v.…