Charles Moody v. United States

USCA11 Case: 21-13302 Document: 40-1 Date Filed: 02/13/2023 Page: 1 of 2

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 21-13302 Non-Argument Calendar

____________________

CHARLES MOODY,

Petitioner-Appellant, versus UNITED STATES OF AMERICA,

Respondent-Appellee. ____________________

Appeal from the United States District Court for the Southern District of Florida

D.C. Docket No. 1:16-cv-21649-DMM

____________________ USCA11 Case: 21-13302 Document: 40-1 Date Filed: 02/13/2023 Page: 2 of 2 2 Opinion of the Court 21-13302 Before ROSENBAUM, NEWSOM, and GRANT, Circuit Judges.

PER CURIAM:

Charles Moody, a federal prisoner, appeals the denial of his 28 U.S.C. § 2255 motion to vacate his sentence that was enhanced under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e). We granted a certificate of appealability (“COA”) to re- view whether Johnson v. United States, 576 U.S. 591 (2015), ren- dered Moody’s ACCA-enhanced sentence unconstitutional. The district court found that, even after Johnson and more recent legal developments, Moody still has at least three prior convictions that qualify for the enhancement. But the district court did not apply our decision in Beeman v. United States, 871 F.3d 1215 (11th Cir. 2017), which established what a movant needed to show to succeed on a Johnson claim in a § 2255 motion. Because Beeman calls for a factual inquiry into the basis for the original sentence, about which the court has made no findings, we vacate and remand for the dis- trict court to apply Beeman in the first instance.

VACATED AND REMANDED.