Dawkins v. United States

Dawkins was convicted of bank robbery, 18 U.S.C. 2113(a), and using a firearm in furtherance of a crime of violence, 18 U.S.C. 924(c). He was sentenced to 262 months’ imprisonment, as a career offender, based on Illinois convictions for aggravated vehicular hijacking and residential burglary. He was previously has been denied permission to file a successive 28 U.S.C. 2255 motion based on the Supreme Court’s 2015 decision, Johnson v. United States. The Seventh Circuit concluded that residential burglary in Illinois is equivalent to generic burglary of a dwelling, which is an enumerated crime of violence, U.S.S.G. 4B1.2(a)(2). Dawkins again sought to challenge his sentence, citing the Supreme Court’s 2016 holding in Mathis v. United States, that Iowa’s burglary statute, which forbids entering “an occupied structure” with the intent to commit a felony is broader than “generic burglary,” and categorically not a violent felony. The Seventh Circuit dismissed. Even if Mathis made reliance on an Illinois burglary conviction suspect for purposes of the career‐offender guideline or Armed Career Criminal Act, Dawkins has already been denied permission to file a successive section 2255 motion, so this claim is barred by 28 U.S.C. 2244(b)(1). An independent claim based on Mathis must be brought, if at all, under 28 U.S.C. 2241 in the district where he is in custody. View "Dawkins v. United States" on Justia Law