USA v. Maurice Daniels

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-10506
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MAURICE DANIELS,
a.k.a. Reece,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 1:10-cr-20277-CMA-1
USCA11 Case: 23-10506 Document: 19-1 Date Filed: 10/13/2023 Page: 1 of 2

-- 1 of 2 --

2 Opinion of the Court 23-10506
____________________
Before WILLIAM P RYOR , Chief Judge, and R OSENBAUM and JILL
PRYOR , Circuit Judges.
PER CURIAM:
Maurice Daniels, a federal prisoner, appeals pro se the denial
of his motion to correct an alleged clerical error in his judgment of
conviction. Fed. R. Crim. P. 36. We affirm.
As the district court ruled, Daniels’s judgment accurately re-
flects his six offenses of conviction: two counts of conspiring to
commit Hobbs Act robbery, 18 U.S.C. § 1951(a); two counts of
Hobbs Act robbery, id.; and two counts of possessing a firearm in
furtherance of a crime of violence, id. § 924(c)(1)(A). Insofar as Dan-
iels purports to raise in his opening brief a challenge under United
States v. Davis, 139 S. Ct. 2319 (2019), we will not consider it be-
cause he already pursued a Davis-based claim in a counseled suc-
cessive motion to vacate, 28 U.S.C. § 2255, and any challenge to the
validity of his convictions must be brought in a motion to vacate,
id. See McCarthan v. Dir. of Goodwill Indus.-Suncoast, Inc., 851 F.3d
1076, 1081 (11th Cir. 2017) (en banc).
We AFFIRM the denial of Daniels’s motion to correct a
clerical error.
USCA11 Case: 23-10506 Document: 19-1 Date Filed: 10/13/2023 Page: 2 of 2

-- 2 of 2 --