United States v. Garnett Hodge
Court of Appeals for the Fourth Circuit
Reversed and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Wynn and Judge Thacker joined.
1Opinion of the Court
GREGORY, Chief Judge:
Garnett Alison Hodge received a mandatory sentence enhancement under the Armed Career Criminal Act (ACCA) based on three prior convictions. One of those convictions no longer qualifies as an ACCA predicate in light of Johnson v. United States , --- U.S. ----, 135 S.Ct. 2551 , 192 L.Ed.2d 569 (2015). When Hodge filed a motion to vacate his sentence under 28 U.S.C. § 2255 , the Government argued and the district court found that another conviction, listed in Hodge's PSR but never designated as an ACCA predicate, could replace the now-invalid predicate. We disagree. And,…
2Cases cited34 opinions
- Alleyne v. United StatesSupreme Court of the United States · 2013
- Johnson v. United StatesSupreme Court of the United States · 2015
- Puckett v. United StatesSupreme Court of the United States · 2009
- Descamps v. United StatesSupreme Court of the United States · 2013
- Johnson v. United StatesSupreme Court of the United States · 2010
29 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- United States v. Randall CornetteCourt of Appeals for the Fourth Circuit · 2019
- United States v. Antwaun WinbushCourt of Appeals for the Fourth Circuit · 2019
- United States v. Donzell McKinneyCourt of Appeals for the Fourth Circuit · 2023
- United States v. Baez-MartinezCourt of Appeals for the First Circuit · 2020
- United States v. Clinton RumleyCourt of Appeals for the Fourth Circuit · 2020
68 more not listed; retrieve them via the Exa API.