Terry Ezell v. United States

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TERRY LAMELL EZELL, No. 14-71696 Petitioner,

v.

OPINION

UNITED STATES OF AMERICA,

Respondent.

Application to File Second or Successive Petition Under 28 U.S.C. § 2255

Submitted December 11, 2014* Seattle, Washington

Filed January 23, 2015

Before: M. Margaret McKeown, Richard C. Tallman, and John B. Owens, Circuit Judges.

Opinion by Judge Tallman

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). SUMMARY**

Habeas Corpus

The panel denied a motion for certification to file a second or successive 28 U.S.C. § 2255 motion to set aside a sentence imposed under the Armed Career Criminal Act.

The panel held that when a motion pursuant to 28 U.S.C. § 2255(h) to file a second or successive petition presents a complex issue, this court may exceed the thirty-day time limit set forth in 28 U.S.C. § 2244(b)(3)(D) for granting or denying the authorization.

The panel held that the Supreme Court did not announce a new rule of constitutional law in Descamps v. United States, 133 S. Ct.…