Anderson: SOS claim based on mandatory guidelines dismissed with prejudice until Beckles is decided

In In re: Wayne Anderson, No. 16-14125 (July 22, 2016), the Court (2-1) denied an application for leave to file a second or successive § 2255 motion, filed by a defendant sentenced in 1995 under the then-mandatory career offender Guideline. The Court recognized that in Beckles, the Supreme Court will decide whether the residual clause of the career offender Guidelines is unconstitutionally vague, and if the Supreme Court so rules, Anderson will be able to file another SOS application. However, until the Supreme Court so rules, the denial of Anderson’s SOS application was with prejudice. [Martin, J., dissenting, would have granted the application in light of the pending Beckles case, to avoid forcing Anderson to refile an application. Martin also disagreed that the denial of an SOS application can be “with prejudice,” reasoning that there is no rule against filing multiple applications to file a successive § 2255 petition.]