United States v. Durham, No. 14-12198 (11th Cir. 2015)
Annotate this CaseDefendant, convicted of possession of a firearm by a convicted felon and possession with intent to distribute cocaine, appealed his sentence of 288 months in prison as substantively unreasonable. The court subsequently granted defendant's motion to file a supplemental brief on the constitutionality of the Armed Career Criminal Act's (ACCA), 18 U.S.C. 924(e)(2)(B)(ii), residual clause. The court held that where precedent that is binding in this circuit is overturned by an intervening decision of the Supreme Court, the court will permit an appellant to raise in a timely fashion thereafter an issue or theory based on that new decision while his direct appeal is still pending in this court. In this case, the intervening decision is Johnson v. United States, which addresses whether the residual clause of the ACCA is unconstitutionally vague.
The court issued a subsequent related opinion or order on December 1, 2015.
The court issued a subsequent related opinion or order on August 26, 2016.
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