DECISION ON PETITIONER’S MOTION FILED PURSUANT TO 28 U.S.C. §2255 This Court sentenced Raul Rivera 23-years ago to life imprisonment in connection with his convictions on racketeering and firearms offenses. He is currently serving his sentence at Schuylkill Federal Correctional Institution. Presently before the Court is Rivera’s second or successive petition, pursuant to 28 U.S.C. §2255, to vacate his firearms conviction under 18 U.S.C. §924 (c). (See United States v. Raul Rivera, 98 Cr 290 (CM) Dkt. 240-242). The Court of Appeals granted Petitioner’s motion for leave to file a successive 28 U.S.C. §2255 and transferred the case to the district court pursuant to 28 U.S.C. §1631. The Circuit Court found that Petitioner had made a prima-facie showing that the proposed §2255 motion satisfied the requirements of §2255(h). Raul Rivera v. United States, 16-3311, (2d Cir. October 1, 2020). Rivera argues that his §924(c) conviction is invalid in light of the Supreme Court’s decisions in Johnson v. United States, 576 U.S. 591 (2015), and United States v. Davis, 139 S. Ct. 2319 (2019).1 The Government has filed opposition papers asking the Court to dismiss Rivera’s petition. The Government argues that: (1) Rivera’s claim is not cognizable under §2255 because he is already serving a life sentence on a separate count of conviction; (2) Rivera’s claim does not qualify as a ground for relief in a successive §2255 motion; (3) Rivera’s claim is procedurally defaulted, and the default is not excused; and (4) Rivera’s claim fails on the merits because his §924(c) conviction is supported by an indisputably valid predicate “crime of violence.” For the reasons stated herein, the motion is denied, and the petition is dismissed. Background In 2000, a jury convicted Rivera of (1) conspiracy to murder in aid of racketeering, in violation of 18 U.S.C. §§1959(a)(5) (Count One); (2) murder in aid of racketeering, in violation of §§1959(a)(1) and (2) (Count Two); (3) using and carrying a firearm during and in relation to a crime of violence, in violation of §§924(c) and 2 (Count Three); and (4) distribution of five grams and more of crack cocaine, in violation of 21 U.S.C. §841(a)(1) (Count Four). (Trial Transcript, hereinafter “Trial Tr.,” 2075-77). Counts One through Three were premised on Rivera’s participation in the murder of Efraim Torres by members of the Latin Kings gang. (December 14, 2000 Presentence Investigation Report, hereinafter “PSR,”
12-22). Rivera, who held a leadership position within the gang, organized a “death squad” to kill Torres, provided the firearm to the designated triggerman for the purpose of killing Torres, and engaged in other acts to aid and abet Torres’s murder. (See PSR
