Monday, May 8th, 2017

Second Circuit Holds that Beckles does not Foreclose Johnson Claims Challenging Pre-Booker Sentences

In Nelson Vargas v. United States, No. 16-2112, the Second Circuit granted a motion for leave to file a second or successive Johnson-based 2255 petition challenging a 480- month pre-Booker career offender sentence.  The Court wrote:

“Although the Supreme Court held in Beckles v. United States that ‘[b]ecause they merely guide the district courts’ discretion, the Guidelines are not amenable to a vagueness challenge, ‘ 137 S.Ct. 886, 894 (2017), Beckles did not clearly foreclose the argument that this reasoning is inapplicable to the Petitioner’s circumstances, given that his sentence was imposed prior to United States v. Booker, 543 U.S. 220 (2005), which rendered the previously mandatory Guidelines discretionary.”

NB:  The Federal Defenders represents Mr. Vargas.


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Categories: 2255, Johnson
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