Burglary Conviction Qualified as Generic Burglary, Precluding 2255 Relief

United States v. Murphy, 887 F.3d 1064 (10th Cir. 2018) (WY): Murphy filed a second 28 U.S.C. § 2255 motion to vacate his sentence in light of Johnson II. The panel holds that a second or successive § 2255 motion must satisfy two criteria before its merits can be considered: (1) a prima facie showing to the appellate court that the motion satisfies the requirements of § 2255(h), defined as “a sufficient showing of possible merit to warrant a fuller exploration by the district court,” and (2) a determination by the district court that the petition does, in fact, satisfy those requirements. Murphy’s motion did not satisfy these requirements. The district court found his prior burglary conviction met the definition of generic burglary and thus was a violent felony under the ACCA’s enumerated offense clause. The ACCA’s now defunct residual clause played no role in that decision.