United States v. Lipscomb, No. 18-11168 (5th Cir. 2020)Annotate this Case
The Fifth Circuit held that the district court erred in granting defendant's 28 U.S.C. 2255 motion and vacated the district court's order, directing the district court to reinstate its original judgment. In this case, defendant moved for release under section 2255, based on the Supreme Court's holding in Johnson v. United States, 576 U.S. 591, 597 (2015), that the residual clause of the Armed Career Criminal Act's (ACCA) violent felony definition violated due process. The court explained that case law has crystalized in this area and held that defendant's prior robbery convictions designated him an armed career criminal at the time of his sentencing.