Maurice Daniels v. United States

Case: 16-16338 Date Filed: 10/27/2017 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 16-16338
Non-Argument Calendar
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D.C. Docket Nos. 1:16-cv-22666-CMA,
1:10-cr-20277-CMA-1
MAURICE DANIELS,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Florida
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(October 27, 2017)
Before TJOFLAT, WILLIAM PRYOR and NEWSOM, Circuit Judges.
PER CURIAM:
Maurice Daniels appeals the denial of his motion to vacate. 28 U.S.C.
§ 2255. We issued a certificate of appealability to address whether Daniels is
Case: 16-16338 Date Filed: 10/27/2017 Page: 2 of 2
entitled to relief from his firearm convictions on the ground that Johnson v. United
States, 135 S. Ct. 2551 (2015), invalidated the “risk of force” clause in 18 U.S.C.
§ 924(c)(3)(B). We affirm the denial of Daniels’s motion.
Daniels’s argument is foreclosed by our recent decision in Ovalles v. United
States, 861 F.3d 1257 (11th Cir. 2017). In Ovalles, we held “that Johnson’s void-
for-vagueness ruling does not apply to or invalidate the ‘risk-of-force’ clause in
§ 924(c)(3)(B).” Id. at 1265. Because section 924(c)(3)(B) is not unconstitutionally
vague, Daniels is not entitled to relief from his convictions.
We AFFIRM the denial of Daniels’s motion to vacate.
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