(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.
DECISIONDecided March 6, 2017 HOLDING
The Federal Sentencing Guidelines, including §4B1.2(a)’s residual clause, are not subject to vagueness challenges under the Due Process Clause.
THOMAS, J., delivered the opinion of the Court, in which ROBERTS, C. J., and KENNEDY, BREYER, and ALITO, JJ., joined. KENNEDY, J., filed a concurring opinion. GINSBURG, J., and SOTOMAYOR, J., filed opinions concurring in the judgment. KAGAN, J., took no part in the consideration or decision of the case.
ORAL ARGUMENTArgued November 28, 2016
CERTIORARI STAGEGranted June 27, 2016
Certiorari Stage Documents
Petition for Certiorari (pdf download)
Brief in Opposition (pdf download)
Petitioner's Reply (pdf download)
Other Certiorari Stage Documents
Supplemental brief of petitioner (pdf download)
United States Court of Appeals for the Eleventh Circuit
Decided September 29, 2015