Legal Opinion
Hrobowski v. United States
Court of Appeals for the Seventh Circuit
Decided September 17, 2018No. 16-3549PublishedCited by 12 opinions
1Opinion of the Court
Kanne, Circuit Judge.
In Johnson v. United States , the Supreme Court held that the so-called residual clause of the Armed Career Criminal Act is unconstitutional. --- U.S. ----, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). In Welch v. United States , the Court determined that its decision in Johnson should apply retroactively. --- U.S. ----, 136 S.Ct. 1257, 194 L.Ed.2d 387 (2016). So a prisoner who was sentenced under the unconstitutional residual clause can move to vacate his sentence, as long as the error affected his sentence. Van Cannon v. United States , 890 F.3d 656, 661 (7th Cir.2018).
At…
2Cases cited13 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Alleyne v. United StatesSupreme Court of the United States · 2013
- Johnson v. United StatesSupreme Court of the United States · 2015
- Mathis v. United StatesSupreme Court of the United States · 2016
- Descamps v. United StatesSupreme Court of the United States · 2013
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- David Resnick v. United StatesCourt of Appeals for the Seventh Circuit · 2021
- United States v. Ross ThackerCourt of Appeals for the Seventh Circuit · 2021
- James Hanson v. United StatesCourt of Appeals for the Seventh Circuit · 2019
- Jesus Ruiz v. United StatesCourt of Appeals for the Seventh Circuit · 2021
- Clayton Waagner v. United StatesCourt of Appeals for the Seventh Circuit · 2020
7 more not listed; retrieve them via the Exa API.