U.S. v. CASEY, 2:11-CR-216-DBH (2016)
Court: District Court, D. Maine
Number: infdco20161110d19
Visitors: 14
Filed: Nov. 09, 2016
Latest Update: Nov. 09, 2016
Summary: ORDER ISSUING CERTIFICATE OF APPEALABILITY D. BROCK HORNBY , District Judge . On November 3, 2016, I DENIED Casey's motion to correct his sentence under 28 U.S.C. 2255 (ECF No. 68). In accordance with Rule 11 of the Rules Governing Section 2255 Cases in the United States District Courts and 28 U.S.C. 2253(c)(2), however, I hereby issue a certificate of appealability finding that Casey's petition contains a substantial showing of the denial of a constitutional right. Specifically, Case
Summary: ORDER ISSUING CERTIFICATE OF APPEALABILITY D. BROCK HORNBY , District Judge . On November 3, 2016, I DENIED Casey's motion to correct his sentence under 28 U.S.C. 2255 (ECF No. 68). In accordance with Rule 11 of the Rules Governing Section 2255 Cases in the United States District Courts and 28 U.S.C. 2253(c)(2), however, I hereby issue a certificate of appealability finding that Casey's petition contains a substantial showing of the denial of a constitutional right. Specifically, Casey..
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ORDER ISSUING CERTIFICATE OF APPEALABILITY
D. BROCK HORNBY, District Judge.
On November 3, 2016, I DENIED Casey's motion to correct his sentence under 28 U.S.C. § 2255 (ECF No. 68). In accordance with Rule 11 of the Rules Governing Section 2255 Cases in the United States District Courts and 28 U.S.C. § 2253(c)(2), however, I hereby issue a certificate of appealability finding that Casey's petition contains a substantial showing of the denial of a constitutional right. Specifically, Casey's petition raises the following issues: (1) whether the retroactive application of Johnson v. United States, 135 S.Ct. 2551 (2015), allows any petitioner serving an ACCA sentence to have his qualifying "violent felony" convictions re-examined even if those convictions appear to fall under the ACCA's enumerated clause, 18 U.S.C. § 924(e); and (2) if so, whether Mathis v. United States, 136 S.Ct. 2243 (June 23, 2016), has effectively overruled the First Circuit's decision in United States v. Duquette, 778 F.3d 314 (1st Cir. 2015), that a Maine burglary conviction, 17-A M.R.S.A. § 401, qualifies as a violent felony under the ACCA's enumerated clause, 18 U.S.C. § 924(e).
SO ORDERED.
Source: Leagle
