Issue: (1) Whether Johnson v. United States applies retroactively to collateral cases challenging federal sentences enhanced under the residual clause in United States Sentencing Guidelines (U.S.S.G.) § 4B1.2(a)(2) (defining “crime of violence”); (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; and (3) whether mere possession of a sawed-off shotgun, an offense listed as a “crime of violence” only in commentary to U.S.S.G. § 4B1.2, remains a “crime of violence” after Johnson.This will be interesting for 11th Circuit watchers because this issue has deeply divided the court. Good luck Janice!
Argument preview: Court to tackle constitutionality of residual clause in sentencing guidelines
Monday, November 28, 2016
The Supreme Court is back in full swing, and AFPD Janice Bergman has a big argument this morning in Beckles v. United States. From SCOTUSblog: