Hill v. U.S.

Ct. of Appeals denied defendant’s motion seeking leave to file second or successive petition for collateral review, where said petition essentially challenged his 226-month term of incarceration, where said sentence was based, in part, on finding that defendant qualified for adverse career offender status based on his prior attempted murder and aggravated discharge of firearm convictions. While defendant argued the he no longer qualified for career offender status treatment because his prior attempted murder conviction did not qualify as violent felony under recent decision in Johnson, 135 S.Ct. 2551, which found that residual clause of Armed Career Criminal Act was unconstitutional, Ct. of Appeals found that decision in Johnson did not apply, and that defendant’s prior attempted murder did qualify as violent felony under Application Note 1 to section 4B1.2(a)(1) of USSG.