Clayton: No SOS grant post-Matchett for career offender

In In Re: Charles Clayton, No. 16-14556-J (July 18, 2016), the Court, citing U.S. v. Matchett, summarily denied an application for leave to file a second or successive § 2255 motion filed by a defendant sentenced as a career offender under the Sentencing Guidelines. [In a lengthy concurrence, Martin, J., noted that outside the Eleventh Circuit “[e]very other court of appeals has either held or assumed that Johnson makes the language [of the career offender guideline’s residual clause] unconstitutional.” Martin noted that the requirement of “fair notice” applied to the Guidelines by the Supreme Court in Peugh under the Ex Post Facto Clause also applied in a vagueness-Due Process analysis. Martin further noted the Court’s inconsistent treatment in its recent SOS decisions on whether and when Descamps applies to determining the validity of an ACCA sentence, post-Johnson, even though all of these SOS decisions “set binding precedent.”].