Selso Orona v. United States

Selso Randy Orona was convicted by a jury of one count of being a felon in possession of ammunition, in violation of 18 U.S.C. § 922 (g)(1). The district court sentenced Orona under the Armed Career Criminal Act (“ACCA”), which mandates a sentence of at least 15 years’ imprisonment for defendants with three or more prior convictions for a “serious drug offense” or a “violent felony.” 18 U.S.C. § 924 (e). At sentencing, the district court may have relied on the ACCA’s “residual clause” in determining that one or more of Orona’s qualifying prior convictions constituted a violent felony. In Johnson v. United States, — U.S. -, 135 S.Ct. 2551 , 192 L.Ed.2d 569 (2015), however, the Supreme Court subsequently held that the ACCA’s residual clause is unconstitutionally vague. And in Welch v. United States, — U.S. -, 136 S.Ct. 1257 , 194 L.Ed.2d 387 (2016), the Court held that Johnson announced a new rule of constitutional law that applies retroactively to cases on collateral review. Orona contends that, in fight of Johnson , he no longer has three qualifying prior convictions under the ACCA.

As required under 28 U.S.C. § 2255 (h), Orona filed an application in this court seeking…