Mr. McGee was convicted of possessing a firearm as a convicted felon and sentenced under the Armed Career Criminal Act ("ACCA") to 180 months' imprisonment. After this Court decided Johnson v. United States, 135 S. Ct. 2551 (2015), invalidating the ACCA's residual clause, Mr. McGee moved to vacate his sentence under 28 U.S.C. § 2255. That motion was denied, and both the district court and the Eleventh Circuit denied Mr. McGee a certificate of appealability ("COA").

The broad question presented by this case is whether the Eleventh Circuit erroneously denied Mr. McGee a COA on whether he was unconstitutionally sentenced above the statutory maximum for his offense. More specifically, however, the narrow questions presented by this petition are whether reasonable jurists can debate the following issues:

(1) Whether a § 2255 movant raising a Samuel Johnson claim can satisfy his burden of proof by showing his ACCA sentence may have been based on the residual clause and that under current law, he is not an armed career criminal;

(2) Whether a Florida conviction for robbery under Fla. Stat. § 812.13 qualifies as a "violent felony" under the ACCA's elements clause; and

(3) Whether a Florida conviction for resisting with violence under Fla. Stat. § 843.01 qualifies as a "violent felony" under the ACCA's elements clause.

Whether a § 2255 movant raising a Samuel Johnson claim can satisfy his burden of proof by showing his ACCA sentence may have been based on the residual clause and that under current law, he is not an armed career criminal