Allen v. United States

Issue: (1) Whether the petitioner"s mandatory guidelines sentence, which was enhanced under the residual clause of U.S.S.G. " 4B1.2, is unconstitutional in light of the Supreme Court"s decision in Johnson v. United States, and, if so, whether a conviction for burglary of a dwelling under Florida law qualifies as a "crime of violence" under U.S.S.G. " 4B1.2"s elements clause; and (2) whether published orders issued by a circuit court of appeals under 28 U.S.C. § 2244(b)(3), and in the context of applications to file second or successive 28 U.S.C. § 2255 motions, constitute binding precedent outside of that context.