Legal Opinion

Higdon v. United States

District Court, E.D. Tennessee

Decided January 3, 2017No. Nos. 2:12-CR-104-RLJ-MCLC-1, 2:16-CV-246-RLJPublished

1Opinion of the Court

MEMORANDUM OPINION

Leon Jordan, United States District Judge

Before the Court is Petitioner’s motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 [Doc. 30].1 He bases his request for relief on Johnson v. United States, — U.S. —, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), in which the Supreme Court held that the residual clause of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), was unconstitutionally vague [JA]. The United States filed a response in opposition on August 17, 2016 [Doc. 34]; Petitioner replied in turn on September 12, 2016 [Doc. 37]. For the…

2Cases cited32 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Johnson v. United StatesSupreme Court of the United States · 2015
  3. Mathis v. United StatesSupreme Court of the United States · 2016
  4. Descamps v. United StatesSupreme Court of the United States · 2013
  5. Johnson v. United StatesSupreme Court of the United States · 2010

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