202067P.pdf   07/05/2022  Christopher Jones  v.  United States
   U.S. Court of Appeals Case No:  20-2067
   U.S. District Court for the Eastern District of Arkansas - Central   
   [PUBLISHED] [Colloton, Author, with Loken and Benton, Circuit Judges] 
   Prisoner case - Habeas. In 2005 Jones pleaded guilty to conspiracy to 
   commit Hobbs Act robbery and brandishing a firearm during a crime of 
   violence. After his conviction was final, he moved for relief under 
   Section 2255, arguing his firearm conviction should be vacated in light of 
   U.S. v. Davis, 139 S. Ct. 2319. The district court denied the motion and 
   Jones appeals. Given the intervening decision in Davis, Jones has overcome 
   the procedural default of his challenge to the firearm conviction and is 
   entitled to relief; with respect to procedural default, Jones has 
   established cause for failing to raise the claim on direct review because 
   the state of the law at the time of his appeal did not offer a reasonable 
   basis upon which to challenge the guilty plea; since neither conspiracy to 
   commit a Hobbs Act robbery nor possession of a firearm by a felon qualify 
   as crimes of violence, Davis does not have a predicate offense to support 
   the charge of brandishing a firearm during a crime of violence, and it 
   would be a miscarriage of justice to leave in place his 84-month 
   consecutive sentence on that count; Davis applies retroactively to cases 
   on collateral review; the conviction for brandishing a firearm during a 
   crime of violence is vacated and the matter remanded for further 
   proceedings.