Godbee v. United States

U.S. Court of Appeals for the Eleventh Circuit
Godbee v. United States, 711 F. App'x 588 (11th Cir. 2018)

Godbee v. United States

Opinion of the Court

PER CURIAM:

Burnett Godbee appeals the district court’s denial of his 28 U.S.C. § 2255 motion to vacate his sentence for conspiracy to commit Hobbs Act robbery, 18 U.S.C. § 1951, attempted Hobbs Act robbery, 18 U.S.C. § 1951, discharge of a firearm in furtherance of a crime of violence, 18 U.S.C. § 924(c)(l)(A)(ii), and possession of a firearm by a convicted felon, 18 U.S.C. § 922(g)(1). Godbee contends Johnson v. United States, — U.S. —, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), invalidated 18 U.S.C. § 924(c)(3)(B), and his convictions for Hobbs Act robbery and conspiracy to commit Hobbs Act robbery do not otherwise qualify as crimes of violence under § 924(c)(3)(A).

When we granted Godbee a certificate of appealability on whether Johnson’s void-for-vagueness ruling extends to § 924(c)(3)(B), we had not yet addressed the issue. We have, however, since concluded that Johnson’s void-for-vagueness ruling does not extend to § 924(c)(3)(B). See Ovalles v. United States, 861 F.3d 1257 (11th Cir. 2017). Godbee’s claim is foreclosed by Ovalles. Therefore, the denial of his § 2255 motion is

AFFIRMED.

Reference

Full Case Name
Burnett GODBEE v. United States
Status
Published