Maurice Daniels v. United States

U.S. Court of Appeals for the Eleventh Circuit

Maurice Daniels v. United States

Opinion

Case: 16-16338 Date Filed: 10/27/2017 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 16-16338

Non-Argument Calendar

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D.C. Docket Nos. 1:16-cv-22666-CMA,

1:10-cr-20277-CMA-1 MAURICE DANIELS,

Petitioner-Appellant,

versus UNITED STATES OF AMERICA,

Respondent-Appellee.

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Appeal from the United States District Court

for the Southern District of Florida

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(October 27, 2017) 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

Reference

Status
Unpublished