152581P.pdf   06/20/2016  Raphael Donnell  v.  United States
   U.S. Court of Appeals Case No:  15-2581
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Colloton, Author, with Wollman and Bowman, Circuit Judges] 
   Prisoner case - Habeas. Petitioner seeks leave to file a second or 
   successive habeas motion under 28 U.S.C. Sec. 2255(h) to challenge a 
   sentence that was imposed after the district court applied the 
   career-offender sentencing guideline, USSG Section 4B1.1, in calculating 
   petitioner's advisory sentencing range; as the basis for the motion, 
   petitioner cites Johnson v. United States, 135 S. Ct 2551 (2015) to argue 
   that the residual clause of Guidelines Sec. 4B1.1(a)(2) is 
   unconstitutionally vague; the motion seeks to assert a new right that has 
   not been recognized by the Supreme Court or made retroactive on collateral 
   review; the motion urges the creation of a second new rule that would 
   apply Johnson and the constitutional vagueness doctrine to a provision of 
   the advisory guidelines; the court therefore concludes that the successive 
   motion should not be certified "to contain" a new rule made retroactive by 
   the Supreme Court as required by Sec. 2255(h)(2); the motion for 
   authorization to file a second or successive motion is denied.