In re: Hoffner

In 2002, Hoffner was convicted of conspiracy to distribute methamphetamine, distribution of methamphetamine, and unlawful use of a communication facility. The district court applied the career offender guideline, U.S.S.G. 4B1.1, based upon Pennsylvania convictions Hoffner incurred in the 1980s, one for simple assault and another for burglary, robbery, and conspiracy. Hoffner’s direct appeal and habeas corpus petition were unsuccessful. In 2012, he filed an unauthorized second habeas corpus petition. In 2015, he filed the pro se motion seeking to file a successive habeas corpus petition, 28 U.S.C. 2255(h)(2), citing the Supreme Court’s 2015 “Johnson” holding that the residual clause of the Armed Career Criminal Act is unconstitutionally vague. Hoffner was sentenced under an identical residual clause that existed until recently in the Federal Sentencing Guidelines’ career offender guideline, U.S.S.G. 4B1.2(a)(2). The Third Circuit granted the petition. Hoffner made a “prima facie showing,” 28 U.S.C. 2244(b)(3)(C), of the pre-filing requirements for a successive habeas corpus petition: the rule on which his claim relies is a new rule of constitutional law that has been made retroactive to cases on collateral review by the Supreme Court and the claim was previously unavailable. View "In re: Hoffner" on Justia Law