Williams v. United States, 052419 FED6, 17-3211

Docket Nº:17-3211
Opinion Judge:PER CURIAM.
Party Name:Brian D. Williams, Petitioner-Appellant, v. United States of America, Respondent-Appellee.
Attorney:Jeffrey B. Lazarus, FEDERAL PUBLIC DEFENDER'S OFFICE, Cleveland, Ohio, for Appellant. Michael A. Rotker, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. Jeffrey B. Lazarus, FEDERAL PUBLIC DEFENDER'S OFFICE, Cleveland, Ohio, for Appellant. Michael A. Rotker, UNITED STATES DEPA...
Judge Panel:Before: COLE, Chief Judge; MERRITT, BATCHELDER, MOORE, CLAY, GIBBONS, ROGERS, SUTTON, COOK, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN, and NALBANDIAN, Circuit Judges. ROGERS, Circuit Judge, concurring in the remand.
Case Date:May 24, 2019
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Brian D. Williams, Petitioner-Appellant,

v.

United States of America, Respondent-Appellee.

No. 17-3211

United States Court of Appeals, Sixth Circuit

May 24, 2019

Argued: June 13, 2018

Appeal from the United States District Court for the Northern District of Ohio at Cleveland. Nos. 1:06-cr-00244-1; 1:16-cv-00520-Solomon Oliver Jr., District Judge.

REARGUED EN BANC:

Jeffrey B. Lazarus, FEDERAL PUBLIC DEFENDER'S OFFICE, Cleveland, Ohio, for Appellant.

Michael A. Rotker, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

ON SUPPLEMENTAL BRIEF:

Jeffrey B. Lazarus, FEDERAL PUBLIC DEFENDER'S OFFICE, Cleveland, Ohio, for Appellant.

Michael A. Rotker, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Rebecca C. Lutzko, UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee.

Before: COLE, Chief Judge; MERRITT, BATCHELDER, MOORE, CLAY, GIBBONS, ROGERS, SUTTON, COOK, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN, and NALBANDIAN, Circuit Judges.[*]

OPINION

PER CURIAM.

After pleading guilty to a felon in possession of a firearm charge, Brian Williams was sentenced as a career offender under the Armed Career Criminal Act ("ACCA") because of three previous qualifying convictions. See 18 U.S.C. § 924(e). Relevant here, Williams had been convicted previously of attempted felonious assault in violation of Ohio Revised Code §§ 2903.11 and 2923.02. After the Supreme Court invalidated the ACCA's residual clause in Johnson v. United States, 135 S.Ct. 2551, 2563 (2015), Williams filed a successive § 2255 petition, arguing that his three convictions could no longer be considered predicate offenses under the ACCA. A panel of this court authorized the district court to consider whether Williams's conviction for attempted felonious assault qualified as a violent felony predicate under the ACCA, and if not, whether Williams is entitled to relief under Johnson. In re Brian D. Williams, No. 16-3411 (6th Cir. Oct. 27, 2016).

The district court held that Williams's felonious assault conviction was a predicate offense, concluding that...

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