Residual Clause of Career Offender Guideline is Unconstitutionally Vague

United States v. Madrid, No. 14-1259 (published) The Tenth holds that Mr. Madrid's prior conviction for statutory rape in violation of Tex. Penal Code sec. 22.021(a)(1)(B)(i) and (a)(2)(B) (2004) was not a crime of violence for purposes of the career offender guideline, USSG sec. 4B1.1. The Court stated that the offense does not have any element of use of force or coercion. It is also not a forcible sex offense, because a statute encompassing situations in which the victim may factually consent to sexual activity is not a forcible sex offense. Finally, the Court (rather than relying on the government's concession) explicitly held that guidelines can be found void for vagueness, and more specifically that the residual clause of sec. 4B1.2(a)(2) is void for vagueness following Johnson.