A second or successive habeas petition will be entertained if the sentence challenged may have been based on the retroactively invalidated sentencing provision.
State statute is categorically not a valid predicate crime of violence, as it can be committed by an omission.
http://www2.ca3.uscourts.gov/opinarch/164282p.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.