Legal Opinion

Alford Embry

Court of Appeals for the Sixth Circuit

Decided July 29, 2016No. 16-5447PublishedCited by 17 opinions

1Opinion of the Court

OPINION

SUTTON, Circuit Judge.

Alford Embry seeks leave to file a successive motion to vacate or lower his sentence. See 28 U.S.C. § 2255. Invoking Johnson v. United States, — U.S.-, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), which voided for vagueness the residual clause of a sentencing statute (the Armed Career Criminal Act), he claims a right to relief because the district court treated him as a career offender under an identically worded clause of the Sentencing Guidelines (U.S.S.G. § 4B1.2(a)(2)). In one sense, there is something to be said for his request. For United States v. Pawlak, 822…

2Cases cited24 opinions

  1. Teague v. LaneSupreme Court of the United States · 1989
  2. Johnson v. United StatesSupreme Court of the United States · 2015
  3. Welch v. United StatesSupreme Court of the United States · 2016
  4. Chaidez v. United StatesSupreme Court of the United States · 2013
  5. Peugh v. United StatesSupreme Court of the United States · 2013

19 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Jerome Raybon v. United StatesCourt of Appeals for the Sixth Circuit · 2017
  2. Moore v. United StatesCourt of Appeals for the First Circuit · 2017
  3. In re ConzelmannCourt of Appeals for the Sixth Circuit · 2017
  4. Willie Jones, Sr. v. United StatesCourt of Appeals for the Ninth Circuit · 2022
  5. Brian Williams v. United StatesCourt of Appeals for the Sixth Circuit · 2017

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API