Ezell v. United States

Petitioner, convicted of being a felon in possession of a firearm, seeks certification of his filing of a second or successive 28 U.S.C. 2255 petition based on Descamps v. United States. As a preliminary matter, the court joined the majority of its sister circuits and held that when a section 2255(h) motion presents a complex issue, the court may exceed section 2244(b)(3)(D)'s thirty-day time limit. The court held that the Supreme Court did not announce a new rule of constitutional law in Descamps, but rather, clarified the application of the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), in light of existing precedent. Accordingly, the court rejected petitioner's argument that Descamps announced a new rule of constitutional law, made retroactive on collateral review by the Supreme Court, that was previously unavailable. The court denied the motion for certification to file another habeas corpus petition. View "Ezell v. United States" on Justia Law