Price v. United States, No. 15-2427 (7th Cir. 2015)
Annotate this CasePrice, a convicted felon, was convicted of possessing a gun, 18 U.S.C. 922(g)(1). Applying the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), the court concluded that Price had three qualifying convictions and imposed a sentence of 250 months in prison. The Seventh Circuit affirmed in 2008. The district court rejected his first collateral attack under 28 U.S.C. 2255, arguing that his prior crimes did not fall within the scope of the ACCA’s residual clause; the Seventh Circuit affirmed. Price then asked the Seventh Circuit to authorize a successive collateral attack, 28 U.S.C. 2244(b)(3), to assert a claim under the Supreme Court’s 2015 decision, Johnson v. United States, that imposition of an enhanced sentence under the ACCA residual clause violates due process because the clause is too vague to provide adequate notice. Noting that the government had not responded, the Seventh Circuit granted relief. Johnson explicitly overruled a line of Supreme Court decisions and broke new ground by invalidating a provision of ACCA. Johnson rests on the notice requirement of the Due Process Clause, so the new rule concerns constitutional law and was previously unavailable to Price. Price never presented this claim before. The court concluded that the rule is categorically retroactive to cases on collateral review.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.