Hunt: SOS career offender may be able to file post-Beckles

In In re: William Hunt, No. 16-14756-J (July 18, 2016), the Court denied an application for leave to file a second or successive § 2255 motion, pointing out that Hunt was sentenced as a career offender under the Sentencing Guidelines, and that the Eleventh Circuit in Matchett held that the residual clause of the career offender Guideline is not void for vagueness. The Court recognized, however, that the Supreme Court recently granted certiorari in Beckles, a case “which raises the question of whether Johnson applies to the Guidelines. Should Beckles abrogate our decision in Matchett, Hunt may be able to file a § 2255 petition based on Johnson.” [Wilson, Jill Pryor and Rosenbaum, JJ., each concurring, set forth their reasoning on why Matchett was wrongly decided].