United States v. Reece, No. 17-11078 (5th Cir. 2019)Annotate this Case
Petitioner appealed the district court's denial of his federal habeas corpus petition seeking vacatur of his three conspiracy-predicated 18 U.S.C. 924(c) convictions on the ground that Johnson v. United States, 135 S. Ct. 2551 (2015), and Sessions v. Dimaya, 138 S. Ct. 1204 (2018), rendered section 924(c)(3)(B) unconstitutionally vague. The Fifth Circuit vacated and remanded for resentencing, because, while petitioner's appeal was pending, the Supreme Court held that section 924(c)(3)(B) was unconstitutional. In this case, petitioner's section 924(c) conviction allowed for an enhanced sentence on his other section 924(c) offenses. The court left it to the district court's discretion to determine the appropriate sentence.
The court issued a subsequent related opinion or order on September 30, 2019.