New opinion — Third Circuit authorizes successor habeas petition raising ACCA challenge

In re: Hoffner, Jr. — habeas — Restrepo

The Third Circuit today authorized a prisoner to file a successor petition under 28 USC § 2255 (the equivalent of habeas corpus for federal prisoners) raising a claim that the Armed Career Criminal Act is unconstitutionally vague (i.e. a Johnson claim). The court emphasized that it takes a flexible, case-by-case approach to deciding when successor petitions are authorized, rejecting the more rigid approach taken by the Eighth Circuit.

I’ll go way out on a limb and predict that the government seeks rehearing.

Joining Restrepo were McKee and Ambro. Arguing counsel were Lisa Freeland for the petitioner and Robert Zauzmer for the government.

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