Wednesday, September 30, 2015

Career Offender Guideline Residual Clause is Unconstitutionally Vague

US v. Goodwin, Docket No. 13-1466 (10th Cir. 9/4/15): Mr. Goodwin's prior Colorado conviction for criminal trespass is not a crime of violence under USSG 4B1.2(a)(2). The residual clause of the career-offender guideline is void for vagueness following Johnson. The government abandoned its position that the crime was a crime of violence under that clause and concedes that enhancing Mr. Goodwin's sentence was plain error.