United States v. Greer

Defendant-appellant Jason Greer appeals the district court’s denial of his motion to vacate, set aside, or correct his sentence, contenting the Supreme Court’s decision in Johnson v. United States, 135 S. Ct. 2551 (2015), finding unconstitutional the residual clause of the Armed Career Criminal Act, also invalidated the identically worded provision in the mandatory United States Sentencing Guidelines. He argued that he was entitled to resentencing because the court relied on the residual clause of the mandatory Guidelines to enhance his sentence. The district court denied Greer’s motion, holding that he was sentenced under the element clause of the mandatory Guidelines rather than the residual clause. Finding no reversible error in that decision, the Tenth Circuit affirmed. View "United States v. Greer" on Justia Law