Appeal from the United States District Court
for the Eastern District of Kentucky at Pikeville.
Nos. 7:03-cr-00021; 7:16-cv-00041—Danny C. Reeves, District Judge.
Decided and Filed: April 17, 2018
Before: GUY, SUTTON, and COOK, Circuit Judges.
SUTTON, Circuit Judge. The Armed Career Criminal Act imposes a 15-year mandatory
minimum sentence on repeat offenders—those who have three or more previous convictions for
a “violent felony.” After the district court sentenced Anthony Potter as a repeat offender,
Johnson v. United States, 135 S. Ct. 2551 (2015), held that one feature of the Act (the residual
clause) violates the Constitution’s prohibition against vague criminal laws. Potter asked to be
resentenced in a successive § 2255 motion, claiming he did not qualify as a repeat offender. The
district court declined the request on the ground that he sentenced Potter under a different clause
(the enumerated-crimes clause) of the Act. We affirm because the same district court judge who
sentenced him was in a better position than anyone else to know why he applied the Act and
because at all events Potter did not meet his burden of showing that the court used the residual
clause to increase his sentence.