ACCA/ Johnson
Neither the Supreme Court holding that the residual clause of the ACCA was impermissibly vague nor the Supreme Court holding that a certain state offense was not a valid predicate (nor the two combined) were changes in the substantive law to be made retroactively applicable to cases on collateral review.
http://media.ca11.uscourts.gov/opinions/pub/files/201515493.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.
Showing posts with label ACCA. Show all posts
Showing posts with label ACCA. Show all posts
Eighth Circuit: United States v. Aemonn Alexander
ACCA predicates
State attempted second degree assault s a valid predicate, as it requires a substantial step and intent to cause physical harm.
http://media.ca8.uscourts.gov/opndir/16/01/151210P.pdf
State attempted second degree assault s a valid predicate, as it requires a substantial step and intent to cause physical harm.
http://media.ca8.uscourts.gov/opndir/16/01/151210P.pdf
Seventh Circuit: John Dawkins v. USA
ACCA,
A conviction under state burglary statute that bars entry without authority is not a modified categorical predicate but a stated predicate, as precedent holds that any burglary statute barring unlawful entry qualifies.
Dissent - PF showing as to potential reliance on (career offender) residual portion of statute - review appropriate to see if the sentencing court considered it a modified categorical predicate.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-07/C:15-3667:J:PerCuriam:aut:T:fnOp:N:1683399:S:0
A conviction under state burglary statute that bars entry without authority is not a modified categorical predicate but a stated predicate, as precedent holds that any burglary statute barring unlawful entry qualifies.
Dissent - PF showing as to potential reliance on (career offender) residual portion of statute - review appropriate to see if the sentencing court considered it a modified categorical predicate.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-07/C:15-3667:J:PerCuriam:aut:T:fnOp:N:1683399:S:0
Eleventh Circuit: In re: Kurt Timothy Franks
Johnson's retroactivity - ACCA
The Supreme Court's holding that the residual clause of ACCA was unconstitutionally vague is not, by its terms, retroactive, and AEDPA bars a second or successive Habeas writ seeking relief based on the holding.
Dissent: Retroactive, AEDPA shouldn't bar the filing of the writ, insufficiently briefed, court should certify the question to the Supreme Court (!), divergent circuit holdings on the gatekeeper question are themselves a constitutional violation.
http://media.ca11.uscourts.gov/opinions/pub/files/201515456.ord.pdf
The Supreme Court's holding that the residual clause of ACCA was unconstitutionally vague is not, by its terms, retroactive, and AEDPA bars a second or successive Habeas writ seeking relief based on the holding.
Dissent: Retroactive, AEDPA shouldn't bar the filing of the writ, insufficiently briefed, court should certify the question to the Supreme Court (!), divergent circuit holdings on the gatekeeper question are themselves a constitutional violation.
http://media.ca11.uscourts.gov/opinions/pub/files/201515456.ord.pdf
Eighth Circuit: United States v. Trevon Sykes
ACCA predicates
As the PSR was sufficient to establish the burglary convictions as "generic burglary," the convictions are ACCA predicates.
Crime committed as a juvenile considered as ACCA predicates do not implicate 8A.
http://media.ca8.uscourts.gov/opndir/16/01/143139P.pdf
As the PSR was sufficient to establish the burglary convictions as "generic burglary," the convictions are ACCA predicates.
Crime committed as a juvenile considered as ACCA predicates do not implicate 8A.
http://media.ca8.uscourts.gov/opndir/16/01/143139P.pdf
Sixth Circuit: In re: Windy Watkins
Sentencing -- Johnson's retroactivity on collateral review.
Second/successive Habeas petition challenging sentence imposed under ACCA residual clause permitted, as Supreme Court ruling holding the clause unconstitutionally vague was explicitly made retroactive for cases on collateral review.
http://www.ca6.uscourts.gov/opinions.pdf/15a0295p-06.pdf
Second/successive Habeas petition challenging sentence imposed under ACCA residual clause permitted, as Supreme Court ruling holding the clause unconstitutionally vague was explicitly made retroactive for cases on collateral review.
http://www.ca6.uscourts.gov/opinions.pdf/15a0295p-06.pdf
Fourth Circuit - US v. Camden Barlow (12/21)
ACCA predicates.
North Carolina "Speeding to Elude Arrest" formerly qualified for residual clause; post-Johnson, remanded for resentencing.
North Carolina supervised-release is considered part of the sentence, so the nine-month supervision period counts when calculating the one-year imprisonment threshold for predicates as felonies under the ACCA.
http://www.ca4.uscourts.gov/Opinions/Published/154114.P.pdf
North Carolina "Speeding to Elude Arrest" formerly qualified for residual clause; post-Johnson, remanded for resentencing.
North Carolina supervised-release is considered part of the sentence, so the nine-month supervision period counts when calculating the one-year imprisonment threshold for predicates as felonies under the ACCA.
http://www.ca4.uscourts.gov/Opinions/Published/154114.P.pdf
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