A motion under 28 U.S.C. § 2255 is considered timely if filed within one year of the date on which "the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review." 28 U.S.C. § 2255(f)(3). This Petition raises the question of whether the "right" in Johnson v. United States, which invalidated the residual clause of the Armed Career Criminal Act, triggers this statute of limitations for a petitioner seeking to collaterally challenge a sentence under the identical residual clause in the pre-Booker career offender Guidelines.

Whether the 'right' recognized in Johnson v. United States triggers the statute of limitations under 28 U.S.C. § 2255(f)(3) for a petitioner seeking to collaterally challenge a sentence under the identical residual clause in the pre-Booker career offender Guidelines