United States v. Roy Green

CHAGARES, Circuit Judge.

Roy Allen Green appeals the District Court's order dismissing his 28 U.S.C. § 2255 motion challenging his sentence arising from his conviction for assault with intent to commit murder. In setting Green's sentence, the District Court determined that he was a career offender under the residual clause of the then-mandatory Sentencing Guidelines. Green contends that the residual clause in the career offender Sentencing Guideline is unconstitutionally vague pursuant to Johnson v. United States , --- U.S. ----, 135 S.Ct. 2551 , 192 L.Ed.2d 569 (2015), in which the Supreme…