Case: 16-2531 Document: 003112350483 fP~~[E [)pate Filed: 07/11/2016 

JUL ! 2 ZO'i6 

CLD-333 ~ICHAELE.1\UNZ, Clerk July 6, 2016 

UNITED STATES COURT OF APPEAL'S"FUR~i~RD CIRCUIT 

C.A. No. 16-2531 

In re: SRAMEK HYNSON, Petitioner 

Present: FISHER, JORDAN and V ANASKIE, Circuit Judges 

Submitted are: 

(1) Petitioner's application pursuant to 28 U.S.C. § 2244 and§ 2255 to 

file a second or successive motion under 28 U.S.C. § 2255; and 

(2) Clerk's June 2, 2016 Order to Show Cause 

in the above-captioned case. 

Respectfully, 

Clerk 

MMW /JDM/clw 

The stay imposed by the Clerk on May 20, 2016, is lifted. Petitioner has filed an 

application under 28 U.S.C. §§ 2244 and 2255 to file a second or successive§ 2255 

motion. Although it is unclear from the record whether Petitioner's first§ 2255 motion 

has been adjudicated on the merits, see Villanueva v. United States, 346 F.3d 55, 60 (2d 

Cir. 2003) (stating that a§ 2255 motion is not second or successive unless a prior§ 2255 

motion was adjudicated on the merits), to the extent Petitioner requires our permission to 

file a second or successive § 2255 motion, his application is granted. We agree with 

Petitioner's position, which the government has not challenged, that in light of the 

Supreme Court's decisions in Welch v. United States, 136 S. Ct. 1257 (2016), and 

Johnson v. United States, 135 S. Ct. 2551 (2015), he has made a prima facie showing that 

his proposed § 2255 motion contains a new rule of constitutional law made retroactive to 

cases on collateral review by the Supreme Court that was previously unavailable. See 28 
Case: 16-2531 Document: 003112350483 Page: 2 Date Filed: 07/11/2016 

U.S.C. § 2255(h). The Clerk is directed to transfer the application, filed on May 20, 

2016, to the United States District Court for the Eastern District of Pennsylvania. 

By the Court, 

s/ Kent A. Jordan 

Circuit Judge 

Dated: July 11, 2016 

CL Wice: Alexander C. Blumenthal, Esq. 

United States Attorney Eastern District of Pennsylvania Marcia M. Waldron, Clerk 
Case: 16-2531 Document: 003112350486 Page: 1 Date Filed: 07/11/2016 

PAF AO 2.13 (Rev HHFl) 

UNITED STATES DISTRICT COURT 

FOR THE EASTER.'4 DISTRICT OF PENNSYLVANlA 

:\'lotion to Vacate, Set Aside or Correct a Sentence 

By a Person in Federal Custody 

(Motion Under 28 U.S.C. § 2255) 

Instructions 

L To use this form. you must be a pcrsnn who is serving a sentence underujudgment against you in a 

fodcrnl court. You arc asking for relief from the conviction or the sentence. This fom1 is your motion 

for relict~ 

2. You must file the form in the United States District Court that entered the judgment that you arc 

challenging. If you want to challenge<: federal judgment that imposed a sentence to be served in the 

future. you should file the motion in the federal court that entered that judgment. 

3. .:Vfakt: sure the fonn is typed or neatly written. 

4. You must tell the tn!lh :md sign tbe form, ff you make u false statement of a material fact, you may be 

prosecuted for perjury. 

5. Answer nil the questions. 'lou do not need to cite law. You may submit additional pages if necessary. 

If you do not fill out the form properly you \Vil! be asked to submit additional or correct information. If 

you want to submit a brief or arguments you rnust submit them in a separate memorandum. 

6. There i.s no filing foe fr)r the habeas ctr-pus motion. lf you cannot pay for the other costs or this motion 

(such as costs for an anorney or transcripts), you may ask w proceed fnjorma pmq1eris (as a pour 

person). To clo that you must suhmit a certificate signed by an officer at the institution where you 

are confined showing the amoun! of money that the institution is holding for you. 

7 .In this motion, you may challenge the judgment entered by only one court. If you want to challenge a 

jndgmen1 entered by n diffcrentjndge or division (either in the same district or in a different district), 

you must file a separate motion. 

8. 28 U.S.C. § 2255 provides that there is a !-year statute of limitations \.vhich nms from the latest of: 

( J) the dnic on which the judgment of comiction becomes final; 

(2} the date on which the impediment to making a motion created by governmental action in 

violation of the Constitution or laws or the United States is removed; if the movant was 

prevented from making a moti<Jn by such governmental action; 

(3) the date on which the right asserted was initially recognized by the Supreme Court, if that 

right lm~ been newly recognized by the United States Supreme Court and made n:troactlvcly 

applicable to cases on co!!mernl review; or 

( 4) the date on which the facts suppDrting the claim or claims prcl'enlcd could have been 

discovered through the exercise of due diligence. 

9. 28 lJ.S.C. § 2244(b)(3)(A) provides that before you can file a second or successive habeas corpus 

motion in the District Court you must file a motion with the Third Circuit Court of Appeals for an order 

lluthorizing the District Court to consider your second or successive habeas corpus motion. 28 U.S.C. § 

2255 provides that the second or successive habeas corpus motion must be certified by the Court of 

1\ppenls to contnin: 
Case: 16-2531 Document: 003112350486 Page:2 Date Filed: 0711112016 

( l l new·Jy lliscoveretl. evidence that, if proven and viewed in ligln of the evidence as a whole, 

would be sufficient to establish by clear and convincing evidence rhat no reasonable fact finder 

\vould have found the movant guilty of the offense; or 

(2) a new rule of constitutional l<t\V, made retroactive to cases on collateral reviev.:" by the 

Supreme Court, that was previousiy unavailable. 

l 0. When you have completed the form, send the original and three copies to the Clerk of the United States 

District Court m this address: 

Clerk, United States District Court for the Eastern District of Pennsylvania 

60 ! Market Street. Roorn 2609 

Philadelphia, PA 19106 

11. .(.:A UTI ON: You must include in this motion all of the grounds for relief from the conviction or 

sentence that you chaUcnge. And you must state the facts that support each ground. U you foH to 

set forth all of the grounds in this motion, you may be barred from presenting additional grounds 

at a later date. 

12. CAPlT AL CASES: H you are under a sentence of death, you are entitled to the assistance of 

counsel and should request the appointment of counsel. 
Case: 16-2531 Document: 003112350486 Page:3 Date Filed: 07/1112016 

MOTION UNDER 28 U.S.C. § 2255 TO VACA TE, SET ASIDE. OR CORRECT 

SENTENCE BY A PERSON IN FEDERAL CUSTODY 

strict EASTER~ DISTRICT OF PENNSYLVANIA 

C (;.rnJer \V!uch you \'d:r"t' l'.1)11\·n.;tedt Docket or Case No.: 

neck Hynson 

Place of Confinement: Prisoner No.: 

Big Sandy USP 13571-052 

UNITED STATES OF AMERICA Movant \mclmfo name 1mdt.•r whii:h convickd) 

V. Shamcck Hynson 

MOTION 

l. (a} Nmnc and location of court which entered the judgment of conviction you are chaUcnging: 

3. 

4. 

U.S. District Court for th•e EDPA 

{b) Criminal docket 0r case number (if you knmv): _0_5_.-_5_76_·------------------

9/2 !/07 (a) Dale oflht.:ju<lgrncnt of conviction {if you know):--------------------

(bl Date of sentencing: _8_'1_H_l1_'0_9 ___________________________ _ 

Length of Si,;ntence: 480-lifc(indudcs 120 conscc) 

Nature of crime (al! counts): conspiracy to deliver to deliver crack 

using or c<mying u firearm during a drug trafficking offense 

!\VO COllntS oftampcr)ng \\'lth U witness 

felon in possession of a firearm 

5. ta) What was your pkn? (Check one) 

(l)Nmguilty \.fl (2)Guilty D (3) Nolo contcndere {no contest) D 

(b) If you entered a gtii ity plea to one count or indictment, and a not guilty pica to another count or 

what did you plead guil!y to and what did /OU plead not gui!ty to? ~----------------------~-- UNKNOWN AT THIS TIME* 

6. lfyou went to trial. what kind of trial did you have? (Check one) Juryl.f I Judge onlyD 

"This motion challenges a sentence rendered unconstitutional by the recent Supreme Court decision in 

Johnson v. U11Ued States, 135 S. Ct. 2552 (2015). The Federal Community Defender Office was appointed to 

litigate the Johnson claim only. Information not applicable to the Johnson daim is unknown at this time. 
Case: 16-2531 Document: 003112350486 Page:4 Date Filed: 07111/2016 

7. Did you testify at a pretrial hearing, trial, or post-trial hearing? ~<2JVN ,.'iT 11lIS 'fJ8''15* (see P· 3) 

8. Did you appeal from the judgment or conviction? Yes NoD 

9. If you did appeal, answer llw following: 

(a) Name of court Third Circuit Cour: of Appeals 

(b) Docket or case number (if you know): _i_4_~_2_8_84 ____________________ _ 

(c) Result: affirmed 

~---------~--------------------------- { d) Date of result (if you know): _1_0_-6_·-_1_s __________________________ _ 

(e) Citation lO the case \if you know): 

(f) Grounds raised: __ ;:;;;l.T,,,_N, ~'K"".'A'""i""O;....:li..:..V.:..1'1:i:...:' A""""T._.1::...;'f:..:l-"'1~::::.S..:'1.:."I<;c1U~E::::.-1*_(,_,,s.,,ee"'-*"p.,.... "'-3,_} ___ ---------------

(g) Did you me a pci ition for certiorari in '.:he United States Supreme Court? UN~NfJ WN A 1' THJS01f:fe!E* 

lf"Y c;:;,'' answer the fi:illowing: (seep. 3) 

\ l) Docket or case m1mber (if you know):------------------------

(2) Re:mH: -----------------------------------

(3) Date ofn:sult (ifyou know): 

(4) Citntion 10 the case (ifym1 know) 

(5) Grounds rni~cd: 

l 0. Other than the direct appeals listed above, have you previously filed any other rnotions, pethions, or applications. 

concerning this j udmnenl of conviction in any court? 

Ycs[ZJ No 

l L ff your answer to Question 10 v,'as ··Yes." i:;ive the following infr.mnation: 

(a) ( l) Name ofcourt: United States District Court for the Eastern District of Pennsylvnnia 

(2) Docket or case number {ii' you know): 12 cv 6979 

-------------~---------~ 
Case: 16-2531 Document: 003112350486 

(3) Date of filing (if you know): 

{4) ~ature of the proceeding: 

(5) Grounds raised: 

Page:5 Date Filed: 07/11/2016 

Page 5 

~~--~----~·--~~~--------------------------~--------------~ 

(6) Did you receive a hearing ·where evidence was given on your motion, petition, or application'! 

YesO NoO 

(7) Re:>ull: ~----~~~---------~------~~~----------------~----~---------------

t 8) Date of result (if you know}: 

(b) If you flied any second rnotilln, petition.()!" application, give the same information: 

{ J) Name of mun: ~~-----------~~----------~--------------~----------~------~-

( 2) Docket of case number (if you know): 

( 3) Date of filing (ify\m know): 

(4) Nature of the proceeding: 

(5) Grounds raised: 

~--------------------~--------~~--------------

~----------------------------------~~--------~----------~--~ 

(6) Did you receive a hearing where evidence was given on your motion. petition, or application'? 

Yes NoO 

(7) Result: 

~------~--------------------------------~----------------------------- ( 8) Date ofn:suh (if you know): 

\c} Did you appeal to a fodcrnl appellate ccurl having jurisdiction over the action taken on your motion, petition, 

or application? 

( 1) First petition: Yes D No 0 

(2) Second petition: YesO NoO 

(d) lfyou did nm appeal from the action 01: any motion, petition, or application, explain briefly why you did nnt: 
Case: 16-2531 Document: 003112350486 Page:6 Date Filed: 07/11/2016 

12. For this motion, stt1ie every ground on which you claim that you are being hekl in violation of the Constitution. 

laws, or treaties o!'the United States. Attach additional pages if you have more than four grounds. State the facts 

supporting each ground. 

GROU:'\D ONE: Pursuant to the Suereme Court's decision in Johnson v. United States, 135 S. Ct. 2552 

(2015), Defendant's sentence is unconstitutional. 

{a} Supporting facts {Do not argue or cite lc.w. Just state the specific facts that support your claim.): 

e.g .• Defendant \vas sentenced under the residual clause of the Armed Career Criminal Act c·ACCA''), 

which \Vas declared ttnconstitutionatiy vague. 

(b) Direct Appeal of Ground One: 

( l) if you app'-'t1kd from the judgment of conviction, did yon raise this issi1e? 

Yes 0 '\:o ~ 

CJ lfyou did not misc this issue in your direct appeal. explain why: ~~~~~~~~~~~~~~~ 

Relief was unavailable until Jvhm:on v. United States, 135 S. Ct. 2552 (2015), was decided. 

( c) Post-Conviction Proceedings: 

( i) Did you rnise !his issue in any pos::-convktion motion, petition, <Jr application? 

Yes No IX 

(2) ff you answer to Question ( c )( l) is '·Y cs," state: 

Type of motion or petition: 

Name and lm;mion of the court where the motion or petition \Vas filed: 

Docket or case number \if you know): 

Date of the court's dccisiun: 

Resuit (attach a copy of!hc cotm's opinion or order. if available): 

(3) Did you n:ccive a bearing on your motion, pe1ition, or application? 
Case: 16-2531 Document: 003112350486 Page:7 Date Filed: 07/11/2016 

( 4) Did yon appeal from the denial of your motion, petition, or application? 

Yes D No 0 

(5) lfyour answer to Question (c)(4) is '·Yes,'' did you raise the issue in the appeal? 

Yes 0 >lo U 

(6) ff your answer to Question (c)(4) is "Yes," state: 

Name and location of the court where tl:.e appeal was filed: 

Docket or case number (if you knmv): 

Date of the court's decision: 

Result (attach a copy of the court's opinion or order, if available): 

(7) lfyour answer to Qiicstion (c)(4) or Question (c)(5) is "No,'' explain why you clicl no! appeal or rnisc this 

(a) Supporting facts (Do not argue or cite !aw. fost state the specific facts that suppon your claim.): 

(b) Direct Appeal of Ground Two: 

( ! ) if you uppe:ifcd from the judgmen1 of ccmviction, did you raise this issue? 

Yes No 0 
Case: 16-2531 Document: 003112350486 Page:8 Date Filed: 07/11/2016 

(2) lfyou did not raise this issue in your direct appeal, explain why: 

(c) Post-Conviction Proceedings: 

( l) Did you raise this issue in any post-conviction motion, petition, or application? 

Yes 0 No 0 

(2) lfyou answer m Question (c)( l) is ''Yes," state: 

T)'1Je of motion or petition: 

Name and location of the court where the motion or petition was filed: 

Docket or cuse number (if you know): 

Date of the court's decision: 

Rcsul1 (attach a copy of the court's opinion or order, if available): 

(3) Did you re cc! vc a hearing on your motion, petition, or applicmion? 

Yes D No 

( 4) Did you appeal from the denial of your motion, petition, or applic<1tion? 

Yes D :\o D 

(5) lfyour answer to Question (c)(4) is ·'Yes,'' did you raise the issue in thi: appi:al? 

Yes 0 -;\o 

(6) ff your answer to Question {CJ(4j i:; ''Yes;· state: 

Name and location of the court where the appeal was filed: 

Docket or case number (if you know): 

Date of the court's tkdsion: 

Result {attach;: ..:opy of the ..:ourt's opinion or order, if available): 

(7) ff your nnswcr to Qut:stion (c)(4) or Question (c)(5) Is '"No," explain why you did not appeal or misc this 

issue: 
Case: 16-2531 Document: 003112350486 Page:9 Date Filed: 07/11/2016 

GROt::\'D THREE; 

(a) Supporting facts (Do not argue or cite law. Just :;tate the specific facts that support your claim.}: 

(b) Direct Appeal of Ground Three: 

( ! ) ff you appeakd from the judgment of conviction, did you misc this issue'' 

Yes 0 No U 

(2) if you did not raise this issue in yo:,ir direct appeal, explain why: 

(c) Post-C<mvicticrn Proceedings: 

(l) Did you rais0 this issu0 in any pos!-conviciion motion, petition. or appHcation? 

Yes 

(2) lfyou unswcr 10 Question (c)( i) is ·'Yes." state: 

Type of motion ,)r petition: 

Name and !ocatwn of the court where the motion or petition was filed: 

Docket or case number (if you know): 

Date of the court's decision: 

Result (attach a copy of the court's opinion or order. if available): 

t3) Did you receive a hearing on your motion, petition, or application? 

Yes 0 No 0 

! 4) Did you appeal from the denial of your motion, petition, or application? 

Yes 0 No 

(5) ff your answer io Question (c){4) is "Yes," did you misc the issn:.: in the appeal'? 

Yes 0 No D 
Case: 16-2531 Document: 003112350486 Page: 10 Date Filed: 07/11/2016 

{6) if your answer to Question (c)(4} is "Yes," state: 

Name and !ocatim1 of the court where the appeal was filed: 

Docket or case number (if you know): 

Dute of the coun's dcdsion: 

Result (attach a copy of the court's opinion or order, if available): 

(7 J If your answer to Question (c )( 4) or Question ( c )(5) is ''No," expiain why you did not appeal or raise this 

issue:: 

GROC~D FOUR: 

(a) Supporting facts (Do not argue or cite hnv. Just state the specific facts that support your cluim.): 

(b} Din~cl Appeal of Ground l<'our: 

( l) If you appealed from 1he judgment of (:onviction, did you raise this issue? 

Yes D No U 

(2) ff yon did not raise this issue in your direct appeal, explain \vhy: 

(c) Post-Conviction Proceedings: 

(I) Did you misc this issue in any post-conviction motion, petition, or application? 

Yes D ?'\o D 
Case: 16-2531 Document: 003112350486 Page: 11 

('.?.) l f ym1r answ;;r lO Question ( c )(1) is ''Yes," state: 

Type of motion or petition: 

Name and location of the court where the motion or petition was filed: 

Docket or cas.:: number (if you know); 

Date of the courr:; decision: 

Result (attach a copy of the court's opinion or order, if available): 

(3) Did yon receive a hearing on your motion, petition, or application? 

Yes 0 No 0 

( 4 l Did you appeal from the denial of your motion, petition. or application? 

Yes 0 No 0 

Date Filed: 07/11/2016 

{5) If your answer to Question {c)(4) is "'Yes," did you raise the issue in the appeal? 

'{cs 0 

(6') If your answer to Question (c){4) it; "Yes," state: 

Name and location of the court where tl:e appeal wus filed: 

Docket or case number (if you knmv): 

Date of the court's decision: 

Resul! (attach a copy of the court's opinion or order, if available): 

(7) If your nnswer rn Question {c)(4) er Question (c)(5) is "No." explain why you did not appeal or rnisc this 

issue: 

l3. Ts there any ground in this motion that you have not previously presented in some foderni court? If so, which 

ground or grounds have not been presented, and state your reasons for not presenting !hem: 

Ground One: relief was unavailable until Johnson v. United States, 1.35 S. Ct. 2552 (2015), was decided. 
Case: 16-2531 Document: 003112350486 Page:12 Date Filed: 07/11/2016 

14. Do you have :my motion, petition. or appeal 

you are cha I kmging? Yes D ·no (filed and not decided yet) in any court for the judgment 

!f "Y cs,·· state the name and location of the court, the docket or case number, the type of proceeding. and the 

issues raised. 

l 5. Give the name and address, if known, or each attorney who represented you in the following stages of the 

judgment you are chal!cnging: 

{a) At the preliminary hearing: UNKNOWN AT THIS TIME* (seep. 3) 

(b) At the arraignment and plea: UNKNOWN AT THIS I'IME* (seep. 3) 

(c) At the trial: UNKNOWNA.'f THIS '11ME* (seep. 3) 

(d} At sentendng: 

UNK~\ 0WN AT THIS TIM.E"' (seep. 3) 

1e) On appeal: 

( t) Ill any post-conviction proceeding: UNKNOWN AT THJS TTME* (seep. 3) 

(gl On appeal from any ruling aguinst you in a post-conviction proceeding: ~~~~~~~~~~~~~~ 

UNKNOWN AT THIS TIME"' (seep. 3) 

l 6. Do you have any future sentence w serve after you complete the sentence tor the judgmt~nt thm you are 

challenging? Yes n ?\o 0 UNKNOWN AT THIS TIME• (seep. 3) 

(a) ff so, give name and location of court that imposed the other se11tcncc you will serve in the future: 

(b) Give the d:ite the other sentence was imposed; ~~~~~~~~~~~~~~~~~~~~~~ 

(c) Give the length of the other sentence: 

(d) !lave you filed, or do you plan to file, any motion, petition, or application that chalh:ngcs the judgment or 

sentence 11.1 be served in the future? Yes D No D 
Case: 16-2531 Document: 003112350486 Page: 13 Date Filed: 07/11/2016 

f'cge 13 

17. TIM ELil\ ESS OF '.\:iOTION: if your judgmc:nt of conviction became finai over one year ago, you must explain 

why the one-year statute oflimitations as contained in 28 U.S.C. § 2255 does not bar your motion.* 

This motion is timely pursuant to 28 U.S.C. § 2255(£){3), which provides for a onc-vear 

limitations period to run from "the date on which lhe right asserted was initially recognized by 

the Supreme Court, H that right has been newly recognized by the Supreme Court and made 

ietroactivdy appHc.tbk to cases 011 collatezm xeview.'1 The Supreme Court decided Johnson on 

Jun<' 26, 2015, and I his motion is filed within a yc·i:ir o( thal duh· 

"'28 FS.C. ~ 2255(f), provides that 

A one-year period of limitation shall apply to a motion under this section. The iimitation period shall nm 

from the latest of··· 

( l) the date on which the judgment of :xmvictinn became final; 

(2) !he date on which ihe impediment 1.0 making a motion created by governmental action in violation of 

the Constitution or laws ufthe United States is removed, if the movant was prevented frorn making sw.:h 

a motion by such govern.mental action; 

t3) the date on which the right asserted \Vas initially recognized by the Supreme Court, ifthat rig.ht has 

been newly recognized by the Supreme Court and made retroactively applicable to cases on eol!aicral 

revie\v: or 

(4) the date on which the facts supponing the claim or claims presented could have been discovered 

____ through the exercise of due diligence. 
Case: 16-2531 Document: 003112350486 Page:14 Date Filed: 07/11/2016 

Therefore, movant asks that the Court grant the following relief: 

or any other relief to which movant may be entitled. 

Isl Alexander C. Blumenthal 

Signature of AttQmey {if any) 

1 declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct and tbat this J\fotion 

under 28 U.S.C. § 1255 was placed in the prison mailing system on 

(month, date, year) 

Executed (signed) on __________________ (elate) 

Signature of l\fovum 

lf 1he person signing is not moYant. state rdatioinhip w movant and 1.:xplain wby movant is not signing this motion.