United States v. Maurice Daniels

• Court: Court of Appeals for the Eleventh Circuit
• Decided: October 13, 2023
• Docket: 23-10506
• Status: Unpublished

Opinion

USCA11 Case: 23-10506 Document: 19-1 Date Filed: 10/13/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-10506 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MAURICE DANIELS, a.k.a. Reece,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:10-cr-20277-CMA-1 USCA11 Case: 23-10506 Document: 19-1 Date Filed: 10/13/2023 Page: 2 of 2

2 Opinion of the Court 23-10506

Before WILLIAM PRYOR, Chief Judge, and ROSENBAUM and JILL PRYOR, Circuit Judges. PER CURIAM: Maurice Daniels, a federal prisoner, appeals pro se the denial of his motion to correct an alleged clerical error in his judgment of conviction. Fed. R. Crim. P. 36. We affirm. As the district court ruled, Daniels’s judgment accurately re- flects his six offenses of conviction: two counts of conspiring to commit Hobbs Act robbery, 18 U.S.C. § 1951(a); two counts of Hobbs Act robbery, id.; and two counts of possessing a firearm in furtherance of a crime of violence, id. § 924(c)(1)(A). Insofar as Dan- iels purports to raise in his opening brief a challenge under United States v. Davis, 139 S. Ct. 2319 (2019), we will not consider it be- cause he already pursued a Davis-based claim in a counseled suc- cessive motion to vacate, 28 U.S.C. § 2255, and any challenge to the validity of his convictions must be brought in a motion to vacate, id. See McCarthan v. Dir. of Goodwill Indus.-Suncoast, Inc., 851 F.3d 1076, 1081 (11th Cir. 2017) (en banc). We AFFIRM the denial of Daniels’s motion to correct a clerical error.