United States v. Pullen

McHUGH, Circuit Judge.

The district court sentenced Bobby G. Pullen as a career offender pursuant to United States Sentencing Guidelines Manual ("USSG") § 4B1.1 at a time when the Sentencing Guidelines were mandatory. In 2015, the Supreme Court decided Johnson v. United States , --- U.S. ----, 135 S.Ct. 2551 , 192 L.Ed.2d 569 (2015), holding the residual clause of 18 U.S.C. § 924 (e)(2)(B)(ii) is unconstitutionally vague. As the residual clause of § 924(e)(2)(B)(ii) is identical in wording to the residual clause of USSG § 4B1.2 (a definitional provision for USSG § 4B1.1 ), Mr. Pullen, relying…