Eleventh Circuit Court of Appeals - Published Opinions

Wednesday, May 06, 2020

Hollis: Upholding Denial of IAC Claim for Failing to Object to Prior Alabama and Georgia Offenses as ACCA and CO Predicates

In Hollis v. United States, No. 19-11323 (May 6, 2020) (William Pryor, Branch, Luck) (per curiam), the Court, without oral argument, affirmed the denial of a pro se 2255 based on ineffective assistance.

The movant argued that his lawyer was ineffective for failing to object to the use of his prior Alabama and Georgia drugs convictions as “serious drug offenses” under the ACCA and “controlled substance offenses” under the career offender Guideline.  The Court ruled that the lawyer was not deficient because those convictions categorically qualify as predicates offenses.