172847P.pdf   04/05/2019  William Lofton  v.  United States
   U.S. Court of Appeals Case No:  17-2847
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Wollman, Author, with Arnold and Benton, Circuit Judges] 
   Prisoner Case - Habeas. In challenge to status as an armed career 
   criminal, petitioner bears the burden to show which ACCA clause district 
   court used. Lofton demonstrated by a preponderance of evidence that the 
   residual clause was used to apply the ACCA enhancement based on a prior 
   aggravated criminal sexual abuse conviction and the classification is not 
   harmless, as this conviction did not meet the force clause requirement. As 
   for the drug conviction, the district court erred in determining it 
   qualified as a serious drug offense. Thus he is entitled to section 2255 
   relief. The government's procedural default argument failes because the 
   illegal sentence presents a miscarriage of justice. Because Lofton has 
   served the maximum time authorized by statute, the district court shall 
   direct that he be release immediately.