Van Cannon v. U.S.

Dist. Ct. erred in dismissing as untimely defendant’s habeas petition challenging his 15-year sentence on firearms charge that was based, in part, on Dist. Ct.’s finding that defendant qualified for enhanced sentencing treatment under Armed Career Criminal Act (ACCA) based, in part, on defendant’s prior Minnesota conviction for second-degree burglary. Instant petition was timely, since: (1) it was filed within one year of Supreme Court holding in Johnson, 135 S.Ct. 2551, that had invalidated residual clause of ACCA for purposes of defining violent felonies under ACCA; and (2) Johnson holding applied retroactively.  Moreover, with respect to merits of defendant's petition, said Minnesota conviction did not qualify as “violent felony” under ACCA, since, even though it was form of burglary, said statute was indivisible and covered more conduct than generic form of burglary that qualified as violent felony under ACCA. Accordingly, because defendant had only two qualifying violent felonies, he could not be sentenced under ACCA.