Turner v. United States, 2012 U.S. App. LEXIS 23319

Turner was convicted in 2004 of possessing two firearms in violation of § 922(g)(1).
He received a sentence under the ACCA based on four predicate state convictions.
On § 2255 review, Turner challenged ineffective assistance of trial counsel and the ACCA predicate validity.
The district court denied the § 2255 petition and later rejected a second amendment as untimely.
On appeal, Turner argued the second amendment raised a Johnson retroactivity issue; the government contends it did not.
This court affirmed, holding the second amendment claim was not properly raised and time-barred, and the ACCA judgment remained valid.

Issue	Plaintiff's Argument	Defendant's Argument	Held
IAC claims denied on merits	Turner contends counsel's errors caused prejudice.	United States argues no prejudice or reasonable probability of different outcome.	Affirmed; no reversible prejudice shown.
Timeliness of Smith cross-examination claim	Smith cross-examination ineffectiveness relates back to timely petition.	Claim does not relate back to original timely pleadings.	Affirmed; not relate back; untimely.
Second motion to amend and Johnson issue	Second amendment asserted Johnson retroactivity as an independent claim.	Johnson issue not presented as independent § 2255(f)(3) claim; forfeited.	Affirmed; second amendment untimely and Johnson theory forfeited.

Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes prejudice and performance prongs for IAC)
Mangos, 134 F.3d 460 (1st Cir. 1998) (predicate offenses under ACCA; mass. ABDW issue noted)
Johnson v. United States, 130 S. Ct. 1265 (U.S. 2010) (retroactivity of Johnson discussed)
Mayle v. Felix, 545 U.S. 644 (U.S. 2005) (relation-back and timing considerations in § 2255)
Ciampi, 419 F.3d 20 (1st Cir. 2005) (strict relation-back in habeas context)
Ruiz v. United States, 339 F.3d 39 (1st Cir. 2003) (deference in mixed questions of law and fact)