Damon Raines v. United States

I join the court's opinion in full. As it explains, Potter v. United States does not apply outside of second-or-successive habeas petitions. 887 F.3d 785 (6th Cir. 2018). I write separately to note that if Potter 's dicta that a second-or-successive habeas petitioner must show that a sentence was based only on the residual clause were read as law, then it would collide with Welch v. United States , --- U.S. ----, 136 S.Ct. 1257, 194 L.Ed.2d 387 (2016).

When the Supreme Court announced Johnson and rushed to make it retroactive in Welch , it did not do so merely to tantalize habeas petitioners…