United States v. Green

In 2001, Green was sentenced to 687 months of imprisonment for federal drug and firearms convictions. While serving that sentence, Green attacked another inmate with a shank, then pleaded guilty assault with intent to commit murder, 18 U.S.C. 113(a)(1), and was sentenced to 151 months, as a “career offender” under the residual clause of the then-mandatory Sentencing Guidelines. The Presentence Report did not specify which of Green’s prior convictions qualified as predicate offenses. The sentence, at the low end of the Guidelines, was to run consecutively to the 687 months that he was already serving. The Third Circuit affirmed and, after the Supreme Court’s “Johnson” holding that the residual clause in the Armed Career Criminal Act was void for vagueness, affirmed the dismissal of Green’s motion under 28 U.S.C. 2255 to vacate his sentence. The court concluded that Green’s motion was untimely because the one-year limitations period to bring a challenge on collateral review had passed by the time he filed this motion. Johnson did not constitute a newly recognized right, that would have provided Green a year from when Johnson was decided to file his section 2255 motion, in light of the Supreme Court’s 2017 "Beckles" opinion, that vagueness challenges cannot be brought to the advisory Sentencing Guidelines, View "United States v. Green" on Justia Law