United States v. Taylor, No. 14-2635 (8th Cir. 2015)
Annotate this CaseTaylor pled guilty to possessing a prohibited object in prison and received a sentencing enhancement for committing a "crime of violence" under the career offender guideline, U.S.S.G. 4B1.1(a). While his appeal was pending, the Supreme Court held, in Johnson v. United States, that the residual clause of the Armed Career Criminal Act (ACCA) is unconstitutionally vague. That clause defines a "violent felony" to include any felony that "otherwise involves conduct that presents a serious potential risk of physical injury to another," 18 U.S.C. 924(e)(2)(B)(ii). The residual clause of the sentencing guideline under which Taylor’s sentence was enhanced uses identical language to the ACCA. The Eighth Circuit vacated and remanded for resentencing in light of Johnson, which explained that the Fifth Amendment principles prohibiting vague or standardless criminal laws "apply not only to statutes defining elements of crimes, but also to statutes fixing sentences."
Court Description: Per Curiam - Before Murphy, Colloton and Kelly, Circuit Judges] Criminal case - Sentencing Guidelines. The court's holding in United States v. Wivell, 839 F.3d 156, 159 (8th Cir. 1990) that the sentencing guidelines are not susceptible to a vagueness attack is cast into doubt by Johnson v. United States, 135 S. Ct. 2551 (2015), and defendant's sentence, which included an enhancement for committing a crime of violence under the career offender Guideline, U.S.S.G. Sec. 4B1.1(a), is vacated and the matter is remanded to the district court for resentencing; on remand the district court may consider the question of whether the residual clause of the career offender guidelines is constitutional. Judge Colloton, dissenting
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