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IN RE McCALL

No. 16-12972-J.

826 F.3d 1308 (2016)

IN RE: Datrist MCCALL, Petitioner.

United States Court of Appeals, Eleventh Circuit.

Filed June 17, 2016.

Attorney(s) appearing for the Case

Datrist McCall, Marianna, FL, Pro Se.

George L. Beck, Jr. , U.S. Attorney's Office, Montgomery, AL, for Successive Habeas Respondent.

Before MARCUS, WILSON and MARTIN, Circuit Judges.

BY THE PANEL:

Datrist McCall seeks to file a second or successive 28 U.S.C. § 2255 petition based on Johnson v. United States, 576 U.S. ___, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). McCall was sentenced pursuant to the United States Sentencing Guidelines (Guidelines). We have held that Johnson does not apply to the Guidelines for the purpose of permission to file a second or successive § 2255 petition. See...

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