Submitted: December 11, 2014 , Seattle, Washington
As Corrected January 23, 2015.
The panel denied a motion for certification to file a second or successive 28 U.S.C. § 2255 motion to set aside a sentence imposed under the Armed Career Criminal Act.
The panel held that when a motion pursuant to 28 U.S.C. § 2255(h) to file a second or successive petition presents a complex issue, this court may exceed the thirty-day time limit set forth in 28 U.S.C. § 2244(b)(3)(D) for granting or denying the authorization.
The panel held that the Supreme Court did not announce a new rule of constitutional law in Descamps v. United States, 133 S.Ct. 2276, 186 L.Ed.2d 438 (2013), but rather clarified -- as a matter of statutory interpretation -- application of the ACCA in light of existing precedent.
Howard Lee Phillips, Esq., Phillips Law LLC, Seattle, Washington; Jonathan D. Libby, Esq., Deputy Federal Public Defender, Los Angeles, California, for Petitioner.
Carl Andrew Colasurdo, Assistant United States Attorney, Seattle, Washington; Michael Symington Morgan, Assistant United States Attorney, Seattle, Washington, for Respondent.
Before: M. Margaret McKeown, Richard C. Tallman, and John B. Owens, Circuit Judges.
Application to File Second or Successive Petition Under 28 ...