United States Third Circuit

Affirmed the denial of habeas corpus relief in a case where the defendant was challenging his sentence by arguing that the residual clause in the career offender Sentencing Guideline is unconstitutionally vague. The defendant argued that his habeas petition raising this constitutional issue was timely manner because the Supreme Court's decision in Johnson v. US, 135 S. Ct. 2551 (2015), gave rise to a newly recognized right, thus providing him a year from when Johnson was decided to file his habeas petition. On appeal, the Third Circuit agreed with the government that his petition was untimely.

Appellate Information

• Published 2018/08/06

Judges

• Chagares

Court

• United States Third Circuit

Counsel