Ovalles v. United States

The Eleventh Circuit affirmed the district court's denial of petitioner's motion under 28 U.S.C. 2255 to vacate her conviction and sentence for using and carrying a firearm during and in relation to a crime of violence, car jacking in this case. The court held that Johnson v. United States does not apply to or invalidate 18 U.S.C. 924(c)(3)(B) and that petitioner's attempted-carjacking conviction qualifies as a crime of violence under section 924(c)(3)(B). Alternatively, the court held that petitioner's attempted carjacking categorically qualifies as a crime of violence under the force clause of section 924(c)(3)(A). View "Ovalles v. United States" on Justia Law