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Sixth Circuit Announces § 2244(B)(1) Doesn’t Apply to Successive § 2255 Petitions and Rules That If the District Court Relied on Residual Clause of ACCA When Determining Prior Conviction Qualified as Predicate Felony, Then Sentence Cannot Stand

by Douglas Ankney

The U.S. Court of Appeals for the Sixth Circuit announced that limitation of 28 U.S.C. § 2244(b)(1) doesn’t apply to successive § 2255 petitions and ruled that if it is appears more likely than not that the district court relied on the residual clause of 18 USC ...

 

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