Beeman v. United States

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Petitioner appealed the district court's denial of his 28 U.S.C. 2255 motion to vacate his 210-month sentence, arguing that he was entitled to resentencing pursuant to Johnson v. United States. The Eleventh Circuit affirmed the portion of the district court's judgment determining that petitioner's section 2255 motion was untimely because it raised only a claim pursuant to Descamps v. United States. The court held, however, that the district court's conclusion that petitioner's section 2255 motion also did not assert a Johnson claim was erroneous. On the merits of the Johnson claim, the court held that petitioner failed to prove that but for the residual clause he would have received a different sentence. Accordingly, the court affirmed the denial of the motion. View "Beeman v. United States" on Justia Law