Haynes v. United States, No. 17-1680 (7th Cir. 2017)Annotate this Case
In 1998 Haynes was convicted of 12 federal crimes and sentenced to life plus 105 years in prison. His direct appeal and a collateral attack under 28 U.S.C. 2255 failed. After the Supreme Court retroactively held that the residual clause in 18 U.S.C.924(e)(2)(B)(ii) is unconstitutionally vague in labelling as a violent felony a crime that “involves conduct that presents a serious potential risk of physical injury to another,” the Seventh Circuit authorized Haynes to pursue another collateral attack. The district court concluded that Johnson implies the invalidity of the residual clause in 18 U.S.C. 3559(c)(2)(F)(ii), under which Haynes’s life sentences were imposed and concluded that Haynes must be resentenced. The court did not invalidate any of his convictions. Haynes argued that three of his 18 U.S.C. 924(c) convictions for use of a firearm in committing a crime of violence depended on a conclusion that interstate travel in aid of racketeering, 18 U.S.C. 1952(a)(2), is a crime of violence. The Seventh Circuit dismissed his appeal for lack of jurisdiction. The length of Haynes’ new sentences for Hobbs Act robbery may affect the appropriate length of his section 924(c) sentences. When a judge in a section 2255 proceeding orders a resentencing, that proceeding is not over, and the decision is not appealable until that resentencing has occurred.