DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
172367P.pdf 01/14/2019 Adam Winarske v. United States
U.S. Court of Appeals Case No: 17-2367
U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] [Loken, Author, with Smith, Chief Judge, and Gruender, Circuit
Judge]
Criminal case - Sentencing. The district court did not err in denying
Winarske's successive Section 2255 motion to vacate his mandatory minimum
sentence under the which argued that his prior North Dakota burglary
convictions were not violent felonies for purposes of the Armed Career
Criminal Act; Johnson has no nexus to this claim; Mathis and Descamps did
not announce new rules of law made retroactive to cases on collateral
review; finally, the district court had held in Winarske's first habeas
that his three class C felony burglary convictions fell within the ACCA's
enumerated offenses clause, and he could not raise the issue again.