Tuesday, October 25th, 2016

SCOTUS sets argument in Beckles v. United States for November 28, 2016

The Supreme Court has scheduled the oral argument in Beckles v. United States for Monday, November 28.

The issues in Beckles are whether the Court’s decision in Johnson v. United States applies retroactively on collateral review to cases challenging sentences imposed under the Career Offender Guideline, USSG 4B1.2(a)(2), whether Johnson renders that section of the Guidelines void for vagueness, and whether possession of a sawed-off shotgun remains a “crime of violence” for purposes of the Career Offender Guideline following Johnson.

Earlier this month, as discussed here, the Second Circuit vacated its decision in Jones v. United pending the outcome of Beckles.  Many Johnson-based 2255 petitions have been stayed pending the outcome as well.

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