Willie Jones, Sr. v. United States

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

WILLIE BYRON JONES, SR., No. 20-71862 Petitioner,

v. OPINION

UNITED STATES OF AMERICA,

Respondent.

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

Argued and Submitted January 10, 2022 Pasadena, California

Filed May 11, 2022

Before: J. Clifford Wallace, Danny J. Boggs, * and Michelle T. Friedland, Circuit Judges.

Opinion by Judge Boggs; Dissent by Judge Wallace

* The Honorable Danny J. Boggs, Circuit Judge of the United States Court of Appeals for the Sixth Circuit, sitting by designation. SUMMARY **

28 U.S.C. § 2255

The panel denied federal prisoner Willie Byron Jones, Sr.’s application for leave to file a second or successive 28 U.S.C. § 2255 motion challenging his conviction and sentence for use of a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A).

In his first § 2255 motion, which the district court denied, Jones argued that his § 924(c)(1)(A) conviction and sentence were invalid under United States v. Davis, 139 S. Ct. 2319 (2019). In the second or…