Eleventh Circuit Court of Appeals - Published Opinions
Friday, July 22, 2016
Burgest: Career Offender not eligible post-Johnson
In In Re: Earl Burgest, No. 16-14957-J (July 21, 2016), the Court denied a career offender’s application for leave to file a second or successive § 2255 motion. The Court noted that in In Re Griffin it had already held that career offenders do not qualify for post-Johnson § 2255 relief. The Court added that even if Johnson applied to a career offender, it would not entitle Burgest to relief, because his prior convictions for manslaughter, and kidnapping, were enumerated as qualifying prior felonies in the career offender Guideline. This provision would govern regardless of whether the Guidelines residual clause was unconstitutional.