Eleventh Circuit Court of Appeals - Published Opinions

Monday, July 22, 2019

Weeks: For Beeman Purposes, Court May Consider Legal Landscape Through Direct Appeal

In Weeks v. United States, No. 17-10049 (July 22, 2019) (Anderson, Tjoflat, Jordan), the Court reversed the denial of a 2255 motion based on Johnson, finding that the movant met his burden under Beeman.

The Court held that, where the movant challenged his ACCA enhancement on appeal, the relevant time frame to consider whether the residual clause solely caused the enhancement extends through the direct appeal.   Thus, any precedents decided in that interim period may be considered.  So too may the appellate opinion in that very case, as well as the briefs filed in that appeal.  The Court found that statements in Beeman and Pickett about the question being a "historical fact" were dicta, so they did not preclude a court from considering events through appeal.  In this case, the Court considered intervening legal precedents and the appellate proceedings to conclude that the movant met hits burden as it pertained to Massachusetts convictions.