Dawkins v. U.S.

Ct. of Appeals denied defendant’s motion seeking order authorizing Dist. Ct. to entertain second motion to vacate his sentence under 28 USC section 2255, even though defendant alleged that his 262-month term of incarceration on bank robbery charge violated Johnson, 135 S.Ct. 2552, where his sentence was based on finding that he qualified for treatment as career offender, and where Johnson held that residual clause of Armed Career Criminal Act was unconstitutionally vague. Defendant was previously denied permission to file successive section 2255 motion based on Johnson, and thus instant request was barred under 28 USC section 2244(b)(1). Moreover, while defendant asserted that recent Supreme Ct. decision in Mathis, No. 15-6092 (6/23/16) supports his contention that his residential burglary conviction used to establish his career offender status was not crime of violence, defendant could only raise said issue, if at all, in section 2241 petition.