Perry Ivory Wims v. United States
663 F. App'x 836
11th Cir.2016Background
- Wims, pro se, appeals the denial of relief under Fed. R. Civ. P. 60(b) from a 2255 motion to vacate his 180‑month sentence for unlawful transport of firearms.
- Wims argued his motion was timely under Johnson retroactivity and related cases Begay and Archer, contending ineffective assistance for not arguing actual innocence of the ACCA enhancement.
- The district court sua sponte denied the 2255 motion as untimely, citing Rivero, Rozier, and prior retroactivity rulings.
- Wims moved to alter or amend under Rule 59(e) and later moved to reopen under Rule 60(b)(1), (b)(6), alleging district court treated Johnson as non retroactive.
- The district court again denied, and a COA was issued to address whether Johnson announced a new retroactive rule for collateral review.
- The Eleventh Circuit vacated and remanded, holding Johnson applies retroactively on collateral review to Wims’s first motion and directing merits review on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactivity of Johnson on collateral review | Wims asserts Johnson retroactively applies to his first collateral attack. | Rivero precludes retroactivity for successive challenges; Johnson not retroactive. | Johnson retroactive on collateral review for first challenge. |
| Timeliness and eligibility to reopen under Johnson | Motion timely due to impending Johnson decision and one-year window. | Timeliness not satisfied under prior retroactivity rulings. | Remand to assess merits; district court abused discretion by denying reopening. |
| Scope of merits review after Johnson retroactivity | Johnson may entitle relief; merits should be reached upon remand. | Record underdeveloped; merits not decided on initial denial. | Remand to consider Johnson-based relief on the merits. |
Key Cases Cited
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (retrospective impact on ACCA predicate status)
- Archer v. United States, 531 F.3d 1347 (11th Cir. 2008) (discusses Begay and related predicate issues)
- Rivero v. United States, 797 F.3d 986 (11th Cir. 2015) (Johnson announced a new rule not retroactive for successive motions)
- Mays v. United States, 817 F.3d 728 (11th Cir. 2016) (Johnson retroactively applicable on collateral review)
- Welch v. United States, 136 S. Ct. 1257 (2016) (Johnson retroactivity confirmed for collateral review)
- Rozier v. United States, 701 F.3d 681 (11th Cir. 2012) (timeliness framework and retroactivity considerations)
- Dodd v. United States, 545 U.S. 353 (2005) (one-year statute of limitations and prompt action standards)
- Seven Elves, Inc. v. Eskenazi, 635 F.2d 396 (5th Cir. 1981) (equities of collateral review in extraordinary cases)
- Gonzalez v. Crosby, 545 U.S. 524 (2005) (judicial integrity and Rule 60(b) considerations)
- Parks v. U.S. Life & Credit Corp., 677 F.2d 838 (11th Cir. 1982) (fundamental fairness and district court discretion)