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In re Matthews

United States Court of Appeals, Third Circuit

August 14, 2019

In re: MICHAEL MATTHEWS, Petitioner In re: DAVID DUPREE, Petitioner In re: SEBASTIAN WILLIAMS, Petitioner In re: LARRY SMITH, Petitioner In re: RUSSELL WAYNE MCNEILL, III, Petitioner

          Argued October 9, 2018

          On Applications Pursuant to 28 U.S.C. § 2244(b) for Leave to File Second or Successive 28 U.S.C. § 2255 Motions

          Leigh M. Skipper Arianna J. Freeman Brett G. Sweitzer Federal Community Defender Office for the Eastern District of Pennsylvania Counsel for Petitioner in No. 16-2027 & 16-2414

          Heidi Freese Ronald A. Krauss Federal Defender Office for the Middle District of Pennsylvania Counsel for Petitioner in No. 16-2080

          Richard Coughlin Julie A. McGrain Federal Defender Office for the District of New Jersey Counsel for Petitioner in Nos. 16-2273 & 16-2312

          Lisa B. Freeland Elisa A. Long Federal Defender Office for the Western District of Pennsylvania Counsel for Petitioner in No. 16-2422

          William M. McSwain Robert A. Zauzmer Office of United States Attorney Eastern District of Pennsylvania Counsel for Respondent in Nos. 16-2027 & 16-2414

          David J. Freed Stephen R. Cerutti Office of United States Attorney Middle District of Pennsylvania Ronald Reagan Federal Building Counsel for Respondent in No. 16-2080

          Craig Carpenito Steven G. Sanders, Mark E. Coyne Office of United States Attorney Counsel for Respondent in Nos. 16-2273 & 16-2312

          Scott W. Brady Tina O. Miller Rebecca R. Haywood Laura S. Irwin Office of United States Attorney Joseph F. Weis, Jr. U.S. Courthouse Counsel for Respondent in No. 16-2422

          Before: AMBRO, CHAGARES, and GREENAWAY, JR., Circuit Judges.

          OPINION

          GREENAWAY, JR., CIRCUIT JUDGE.

         This is a consolidated case involving five Petitioners- Michael Matthews, David Dupree, Sebastian Williams, Larry Smith, and Russell McNeill, III-each of whom have filed second or successive habeas petitions under 28 U.S.C. § 2255(h)(2)[1] to challenge their sentences for their convictions under 18 U.S.C. § 924(c). Each Petitioner's § 2255 motion argues that § 924(c)(3)'s residual clause is unconstitutionally vague, given its textual similarity to the residual clauses found unconstitutional by the Supreme Court in Johnson v. United States, 135 S.Ct. 2551, 2563 (2015), and Sessions v. Dimaya, 138 S.Ct. 1204, 1223 (2018). In the time since this case was argued before this Court, the Supreme Court issued its opinion in United States v. Davis, striking down § 924(c)(3)(B) as unconstitutionally vague. 139 S.Ct. 2319, 2336 (2019). The parties concede that the petitions at issue are now timely under Davis, thus precluding the need for our analysis of the applicability of Johnson and Dimaya to these petitions. For the following reasons, we will authorize all of the petitions.[2]

         I. FACTUAL BACKGROUND AND ...


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