Successive 2255 Movant's Johnson Claim Rejected

United States v. Washington, 2018 WL 2208475 (May 15, 2018) (OK): The panel reviews whether the district court relied on the ACCA’s residual clause to find that Washington’s prior convictions were violent felonies. Because this was Washington’s second habeas petition, he had to establish his claim by a preponderance of the evidence. The panel found he was unable to meet that burden because (1) his Oklahoma second degree burglary conviction involving entering a building fell within Taylor’s definition of generic burglary and thus was a violent felony as defined in the enumerated offense clause; and (2) United States v. Herron, 432 F.3d 1127 (10th Cir. 2005), and United States v. Ramon Silva, 608 F.3d 663 (10th Cir. 2010), would have supported the district court’s decision to consider his Oklahoma juvenile adjudication for pointing a weapon under the elements clause.