Derrick Young v. United States

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DERRICK YOUNG, No. 20-71740 Applicant,

v.

UNITED STATES OF AMERICA,

Respondent.

THOMAS LEWIS, No. 20-71741 Applicant,

v. OPINION

UNITED STATES OF AMERICA,

Respondent.

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

Argued and Submitted October 20, 2021 San Francisco, California

Filed January 18, 2022 Before: Bridget S. Bade and Patrick J. Bumatay, Circuit Judges, and Richard M. Berman, District Judge. *

Opinion by Judge Berman

SUMMARY **

Second or Successive 28 U.S.C. § 2255 Motions

The panel denied Thomas Lewis’s and Derrick Young’s consolidated applications for permission to file second or successive 28 U.S.C. § 2255 motions in which they sought principally to be allowed to present their claim that armed bank robbery is not a predicate crime of violence under 18 U.S.C. § 924(c) in light of United States v. Davis, 139 S. Ct. 2319 (2019), which held that the “residual clause” definition of “crime of violence” in 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague.

Lewis and Young pleaded guilty…