Legal Opinion

Dawkins v. United States

Court of Appeals for the Seventh Circuit

Decided January 7, 2016No. 15-3667PublishedCited by 22 opinions

1Per curiam

John Dawkins pleaded guilty to armed robbery of a bank and was sentenced, as a career offender, to serve 262 months in prison. He wants to attack his sentence in a suit under 28 U.S.C. §§ 2244(b) and 2255(h). He relies on Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), which holds that the residual clause of the Armed Career Criminal Act is unconstitutionally vague.

If Johnson applies to the identically worded residual clause in the career offender guideline (an issue currently before this court in United States v. Rollins, No. 13-1731, and the consolidated cases of…

2Cases cited22 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Johnson v. United StatesSupreme Court of the United States · 2015
  3. Descamps v. United StatesSupreme Court of the United States · 2013
  4. Royce Brown v. John F. CarawayCourt of Appeals for the Seventh Circuit · 2013
  5. United States v. Shannon Wayne TigheCourt of Appeals for the Ninth Circuit · 2001

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

3Cited by22 opinions

  1. United States v. Tony SparkmanCourt of Appeals for the Seventh Circuit · 2016
  2. Dawkins v. United StatesCourt of Appeals for the Seventh Circuit · 2016
  3. United States v. Michael HerroldCourt of Appeals for the Fifth Circuit · 2019
  4. United States v. Michael KhouryCourt of Appeals for the Seventh Circuit · 2017
  5. In re: Octavious WilliamsCourt of Appeals for the Eleventh Circuit · 2018

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

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