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William Sanders v. United States, 19-3009 (2020)

Court: Court of Appeals for the Eighth Circuit Number: 19-3009 Visitors: 21
Filed: Oct. 05, 2020
Latest Update: Oct. 05, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 19-3009 _ William Leroy Sanders lllllllllllllllllllllPetitioner - Appellant v. United States of America lllllllllllllllllllllRespondent - Appellee _ Appeal from United States District Court for the Southern District of Iowa - Des Moines _ Submitted: September 25, 2020 Filed: October 5, 2020 [Unpublished] _ Before COLLOTON, BENTON, and KOBES, Circuit Judges. _ PER CURIAM. William Leroy Sanders appeals after the district court1 denied his
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                  United States Court of Appeals
                              For the Eighth Circuit
                          ___________________________

                                  No. 19-3009
                          ___________________________

                               William Leroy Sanders

                        lllllllllllllllllllllPetitioner - Appellant

                                            v.

                              United States of America

                        lllllllllllllllllllllRespondent - Appellee
                                        ____________

                      Appeal from United States District Court
                   for the Southern District of Iowa - Des Moines
                                   ____________

                           Submitted: September 25, 2020
                              Filed: October 5, 2020
                                  [Unpublished]
                                  ____________

Before COLLOTON, BENTON, and KOBES, Circuit Judges.
                          ____________

PER CURIAM.

      William Leroy Sanders appeals after the district court1 denied his 28 U.S.C.
§ 2255 motion, and granted a certificate of appealability on his claim that his sentence

      1
      The Honorable Stephanie M. Rose, United States District Judge for the
Southern District of Iowa.
under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), is invalid in light
of Johnson v. United States, 
576 U.S. 591
, 606 (2015) (invalidating residual clause
of ACCA as unconstitutionally vague). Having jurisdiction under 28 U.S.C. § 1291,
this court affirms.

      This court concludes Sanders did not meet his burden to show by a
preponderance of the evidence that the residual clause led the sentencing court to
apply the ACCA enhancement. See Dembry v. United States, 
914 F.3d 1185
, 1187
(8th Cir. 2019) (standard of review); Golinveaux v. United States, 
915 F.3d 564
, 567-
68 (8th Cir. 2019) (movant bringing Johnson claim must show by preponderance of
evidence that residual clause led sentencing court to apply ACCA enhancement).

      The judgment is affirmed.
                     ______________________________




                                         -2-


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