Hrobowski v. U.S.

Dist. Ct. did not err in denying defendant’s successive habeas petition challenging his 264-month sentence that had been imposed under Armed Career Criminal Act (ACCA) on firearm charges, even though defendant argued that one of three prior convictions used to support ACCA sentence did not qualify as violent felony because it could only qualify as such under residual clause that was subsequently found to be unconstitutionally vague. Any error was harmless since defendant had fourth conviction that did qualify as violent felony. Moreover, although defendant additionally argued that two of said convictions could not qualify as violent felonies because his rights had been restored with respect to said convictions by time of his original sentencing, defendant procedurally defaulted on said argument because he had failed to raise it either during his original sentencing or on his direct appeal.