Tuesday, July 21, 2015

ACCA sentence remanded in light of Johnson decision

U.S. v. Snyder, 2016 WL4394324 (7/20/15)(Published) - Mr. Snyder's appeal of his Armed Career Criminal Act sentence is granted under Johnson in light of the unconstitutionality of the Act's residual clause. The Court rejects the government's argument that Snyder lacked standing because his conviction for eluding a police officer would be a violent felony under any interpretation of the residual clause. The court affirms the district court's denial of Snyder's motion to suppress the search of his car that resulted in discovery of the gun because the officer smelled burnt marijuana emanating from the inside of the car and that alone established probable cause that justified the search.