Charles Woods v. United States
2015 U.S. App. LEXIS 20136
| 8th Cir. | 2015Background
- Woods seeks authorization to file a successive 28 U.S.C. § 2255 motion based on Johnson v. United States and its retroactive ruling.
- The government joins Woods’s motion, conceding retroactivity of Johnson for § 2255(h)(2).
- Woods was convicted in 2002 of felon in possession of firearm and ammunition and firearm with obliterated serial number; three ACCA predicates included attempted burglary.
- Johnson held the ACCA residual clause unconstitutional, removing attempted burglary as a predicate.
- This Circuit has treated government concession of retroactivity as sufficient for prima facie showing under § 2255(h)(2).
- The court grants authorization for Woods to file a successive § 2255 motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Johnson retroactivity allows a new § 2255(h)(2) motion | Woods, Johnson retroactive; prima facie shown. | Government concedes retroactivity; retroactivity depends on circuit approach. | Yes; Johnson retroactive; prima facie shown. |
| Whether government concession suffices as prima facie showing | Concession demonstrates a new retroactive rule exists. | Concession is insufficient without broader retroactivity ruling. | Concession suffices for prima facie showing. |
| Whether Woods qualifies for authorization to file a successive § 2255 motion | Johnson retroactivity applies; Woods meets § 2255(h)(2). | Retroactivity must be established circuit-by-circuit; concession aligns. | Woods authorized to file a successive § 2255 petition. |
Key Cases Cited
- Johnson v. United States, 135 S. Ct. 2551 (2015) (ACCA residual clause unconstitutional)
- Martin v. Symmes, 782 F.3d 939 (8th Cir. 2015) (government concession retroactivity supports prima facie showing)
- Price v. United States, 795 F.3d 731 (7th Cir. 2015) (Johnson substantive/retroactivity analysis varies by circuit)