Mora-Higuera v. United States

The Eighth Circuit affirmed the district court's dismissal of petitioner's motion under 28 U.S.C. 2255 based on the one year statute of limitations period. The court held that it was reasonably debatable whether the holding in Johnson v. United States, 135 S. Ct. 2551 (2015), regarding the Armed Career Criminal Act extends to the former mandatory guidelines and thus petitioner could not benefit from a renewed limitations period under section 2255(f)(3). In this case, the right petitioner asserted: a right under the Due Process Clause to be sentenced without reference to the residual clause of USSG 4B1.2(a)(2) under the mandatory guidelines, was not dictated by Johnson. View "Mora-Higuera v. United States" on Justia Law