In United States v. Jones, previously blogged about here, the Second Circuit held New York robbery is not a categorical “crime of violence” under the Career Offender Guideline, U.S.S.G. § 4B1.2. The Court’s opinion was based in part on the view, shared by the government and all but one of the circuits, that the Guideline’s residual clause is “likely void for vagueness in light of the Supreme Court’s analysis of the ACCA’s [Armed Career Criminal Act’s] identical phrase in Johnson v. United States, 135 S. Ct. 2551 (2015).”
In an order published yesterday, the Court vacated the Jones opinion pending the Supreme Court’s decision in Beckles v. United States. Beckles will decide whether the Guideline’s residual clause survived Johnson. After Beckles is decided, a final judgment will issue in Jones.
Takeaways for the Defense Bar
1. In ACCA cases, the absence of Jones poses …