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Maurice Daniels v. United States
16-16338
11th Cir.
Oct 27, 2017
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Docket

*1 Before TJOFLAT, WILLIAM PRYOR and NEWSOM, Circuit Judges.

PER CURIAM:

Maurice Daniels appeals the denial of his motion to vacate. 28 U.S.C. § 2255. We issued a certificate of appealability to address whether Daniels is

Case: 16-16338 Date Filed: 10/27/2017 Page: 2 of 2

entitled to relief from his firearm convictions on the ground that Johnson v. United States , 135 S. Ct. 2551 (2015), invalidated the “risk of force” clause in 18 U.S.C. § 924(c)(3)(B). We affirm the denial of Daniels’s motion.

Daniels’s argument is foreclosed by our recent decision in Ovalles v. United States , 861 F.3d 1257 (11th Cir. 2017). In Ovalles , we held “that Johnson ’s void- for-vagueness ruling does not apply to or invalidate the ‘risk-of-force’ clause in § 924(c)(3)(B).” Id. at 1265. Because section 924(c)(3)(B) is not unconstitutionally vague, Daniels is not entitled to relief from his convictions.

We AFFIRM the denial of Daniels’s motion to vacate.

2

Case Details

Case Name: Maurice Daniels v. United States
Court Name: Court of Appeals for the Eleventh Circuit
Date Published: Oct 27, 2017
Docket Number: 16-16338
Court Abbreviation: 11th Cir.
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