Ezell

Ezell v. United States

Good Law
778 F.3d 762·2015 WL 294306·2015 U.S. App. LEXIS 1067
United States Court of Appeals for the Ninth CircuitJanuary 23, 2015No. 14-71696California2,376 words

Opinion

Lead Opinion

Tallman, J.

Terry L. Ezell asks us to certify his filing of a second or successive 28 U.S.C. § 2255 petition in the Western District of Washington, where he was convicted in 2008 of being a felon in possession of a firearm. The district court sentenced Ezell under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924 (e). Ezell argues that his second or successive petition is warranted because in Descamps v. United States, — U.S. -, 133 S.Ct. 2276 , 186 L.Ed.2d 438 (2013), the Supreme Court announced a “new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable,” 28 U.S.C. § 2255 (h)(2), and under which the district court could abrogate his ACCA sentence. We disagree. We hold that the Supreme Court did not announce a new rule of constitutional law in Descamps . Rather, it clarified — as a matter of statutory interpretation — application of the ACCA ' in light of existing precedent. For that reason, we deny Ezell’s motion for certification to file another habeas corpus petition.

I

Terry Ezell was convicted in 2008 of being a felon in possession of a firearm, see 18 U.S.C. § 922 (g)(1), and for possession…

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