Impact of Johnson v United States on ACCA Constitutionality

  • On July 15, 2015
There are several ways to challenge the application of the ACCA in court since the decision in Johnson. On direct appellate review. A decision invalidating the ACCA’s residual clause as unconstitutionally vague will apply in any case where the prisoners conviction has not yet become final Prisoners on collateral review per 28 USC 2255. It […]
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Changes To The Armed Career Criminal Act (ACCA)

  • On July 3, 2015
Unites States Supreme Court case of Johnson v. United States, decided June 26, 2014, determined that imposing a sentence under ACCA’s residual clause violates due process. The definition of “any felony involving conduct that presents a serious potential risk of physical injury to another” requires a determination if it is, in fact, a violent crime. […]
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