Eleventh Circuit Court of Appeals - Published Opinions

Friday, November 02, 2018

In re Garrett: Johnson and Dimaya Do Not Authorize Successive 2255 Motions in 924(c) Cases

In In reGarrett, No. 18-1380 (Nov. 2, 2018) (Wiliam Pryor, Hul, Julie Carnes), the Court denied an application for authorization to file a second or successive 2255 motion based on Johnson and Dimaya.

Given the en banc Court's decision in Ovalles that 924(c)(3)(B) is not unconstitutionally vague after Dimaya, the Court held that the applicant failed to satisfy the gatekeeping crtieria in 2255(h), because there was no new rule of constitutional law, made retroactive by the Supreme Court, that applied to his claim.  The Court made clear that its ruling would apply to all second or successive applications involving a 924(c) claim based on Johnson and Dimaya.