Melvin Jordan, III v. United States
HabeasCorpus
Whether a § 2255 petitioner seeking relief under Johnson must affirmatively prove that he was sentenced under the residual clause of the ACCA
QUESTIONS PRESENTED FOR REVIEW Both the district court and the Eighth Circuit Court of Appeals denied Jordan a certificate of appealability (“COA”), from the denial of his petition under 28 U.S.C. § 2255 (2012). In his § 2255 petition, Jordan challenged his Armed Career Criminal Act (“ACCA”) sentence on the grounds that his prior Iowa burglary convictions no longer qualified as violent felonies in light of Johnson v. United States, 135 S. Ct. 2551 (2015). This petition for writ of certiorari presents the question of whether | | reasonable jurists can debate the following issues: (1) Whether a § 2255 petitioner seeking relief under Johnson must affirmatively prove that he was sentenced under the residual clause of the ACCA. (2) | Whether a court considering a § 2255 petitioner’s entitlement to relief under Johnson is prohibited from considering current law when deciding whether the petitioner’s prior offenses still qualify as violent felonies under the enumerated clause of the ACCA.