Joseph Fenelon Cooper v. United States
DueProcess HabeasCorpus
Whether a petitioner in a properly filed successive petition pursuant to 28 U.S.C. § 2255 challenging his conviction for possession of a firearm during a crime of violence is precluded from relief
QUESTION PRESENTED The question presented is whether a Petitioner in a properly filed successive petition pursuant to 28 U.S.C. § 2255 challenging his conviction for possession of a firearm during a crime of violence in violation of 18 U.S.C. Section 924(c)(3)(A) in relation to an attempted bank robbery pursuant to 18 U.S.C. § 2113, is precluded from relief because the district court claimed it relied on the elements clause in light of Johnson v. United States, 576 U.S. 591, 1385 S. Ct. 2551 (2015), Welch v. United States, 136 S. Ct. 1257 (April 18, 2016) and United States v. Taylor, 596 U.S.___, 142 S. Ct. 2015 (2022)? 1