Johnson v. United States, 135 S. Ct. 2551 (2015), deemed unconstitutionally vague the residual clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(ii) (defining "violent felony"). The residual clause invalidated in Johnson is identical to the residual clause in the career-offender provision of the United States Sentencing Guidelines, U.S.S.G. § 4B1.2(a)(2) (defining "crime of violence").
The questions presented are:
1. Whether Johnson applies retroactively to collateral cases challenging federal sentences enhanced under the residual clause in U.S.S.G. § 4B1.2(a)(2)?
2. Whether Johnson's constitutional holding applies to the residual clause in U.S.S.G. § 4B1.2(a) (2), thereby rendering challenges to sentences enhanced under it cognizable on collateral review?
3. Whether mere possession of a sawed-off shotgun, an offense listed as a "crime of violence" only in the commentary to U.S.S.G. § 4B1.2, remains a "crime of violence" after Johnson?
- Brief for Petitioner Travis Beckles
- Brief for Respondent United States
- Brief for Court-Appointed Amicus on the Second Question in Support of Judgment Below
- Reply Brief for Petitioner
- Reply Brief for Respondent
In Support of Petitioner:
- Brief for Federal Public Defenders and the National Association of Federal Defenders in Support of Petitioner
- Brief for Scholars of Criminal Law, Federal Courts and Sentencing in Support of Petitioner
In Support of Respondent:
In Support of Neither Party: