Ezell
Ezell v. United States
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…