William Sanders v. United States

Opinion

United States Court of Appeals For the Eighth Circuit

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No. 19-3009

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William Leroy Sanders

lllllllllllllllllllllPetitioner - Appellant

v.

United States of America

lllllllllllllllllllllRespondent - Appellee

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Appeal from United States District Court for the Southern District of Iowa - Des Moines

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Submitted: September 25, 2020 Filed: October 5, 2020

[Unpublished]

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Before COLLOTON, BENTON, and KOBES, Circuit Judges.

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PER CURIAM.

William Leroy Sanders appeals after the district court1 denied his 28 U.S.C.

§ 2255 motion, and granted a certificate of appealability on his claim that his sentence

1 The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa.

under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), is invalid in light of Johnson v. United States, 576 U.S. 591, 606 (2015) (invalidating residual clause of ACCA as unconstitutionally vague). Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

This court concludes Sanders did not meet his burden to show by a preponderance of the evidence that the residual clause led the sentencing court to apply the ACCA enhancement. See Dembry v. United States, 914 F.3d 1185, 1187 (8th Cir. 2019) (standard of review); Golinveaux v. United States, 915 F.3d 564, 567- 68 (8th Cir. 2019) (movant bringing Johnson claim must show by preponderance of evidence that residual clause led sentencing court to apply ACCA enhancement).

The judgment is affirmed.

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