Charles Moody v. USA

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 21-13302
Non-Argument Calendar
____________________
CHARLES MOODY,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 1:16-cv-21649-DMM
____________________
USCA11 Case: 21-13302 Document: 40-1 Date Filed: 02/13/2023 Page: 1 of 2

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2 Opinion of the Court 21-13302
Before R OSENBAUM , NEWSOM , and GRANT, Circuit Judges.
PER CURIAM:
Charles Moody, a federal prisoner, appeals the denial of his
28 U.S.C. § 2255 motion to vacate his sentence that was enhanced
under the Armed Career Criminal Act (“ACCA”), 18 U.S.C.
§ 924(e). We granted a certificate of appealability (“COA”) to re-
view whether
Johnson v. United States, 576 U.S. 591 (2015), ren-
dered Moody’s ACCA-enhanced sentence unconstitutional. The
district court found that, even after
Johnson and more recent legal
developments, Moody still has at least three prior convictions that
qualify for the enhancement. But the district court did not apply
our decision in
Beeman v. United States, 871 F.3d 1215 (11th Cir.
2017), which established what a movant needed to show to succeed
on a
Johnson claim in a § 2255 motion. Because
Beeman calls for a
factual inquiry into the basis for the original sentence, about which
the court has made no findings, we vacate and remand for the dis-
trict court to apply
Beeman in the first instance.
VACATED AND REMANDED.
USCA11 Case: 21-13302 Document: 40-1 Date Filed: 02/13/2023 Page: 2 of 2

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