Legal Opinion
United States v. Carrion
District Court, D. Nevada
Decided February 17, 2017No. Case No. 2:03-cr-030-JAD-RJJ-1PublishedCited by 1 opinion
1Opinion of the Court
Order Vacating Sentence under Johnson v. U.S,
Jennifer A. Dorsey, United States District Judge
When Daniel Carrion was sentenced for being a felon in possession of a firearm after his 2004 guilty plea, the district judge found that he qualified for an enhanced 15-year sentence under the Armed Career Criminal Act (ACCA).1 The Supreme Court invalidated a key provision of. the *1282ACCA — the residual clause — as unconstitutionally vague in Johnson v. U.S.2 and recognized last spring in Welch v. U.S.3 that Johnson’s rule applies retroactively.
Having exhausted his appeals, Carrion moves to vacate his…
2Cases cited15 opinions
- Johnson v. United StatesSupreme Court of the United States · 2015
- Descamps v. United StatesSupreme Court of the United States · 2013
- Welch v. United StatesSupreme Court of the United States · 2016
- Rivers v. Roadway Express, Inc.Supreme Court of the United States · 1994
- United States v. Aguila-Montes De OcaCourt of Appeals for the Ninth Circuit · 2011
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3Cited by1 opinion
- United States v. Ronald PeppersCourt of Appeals for the Third Circuit · 2018