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  #1  
Old 07-04-2015, 03:22 AM
Zelda50 Zelda50 is offline
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Default SCOTUS Opinion on Career Criminal Act!!

Great decision by the U.S. Supreme Court that will be good news for many sentenced to mandatory sentences under the Career Criminal Act.

Find it at:

http://www.supremecourt.gov/opinions...-7120_p86b.pdf
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Last edited by David; 03-11-2017 at 03:17 PM.. Reason: Added the linked PDF as an attachment (David)
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  #2  
Old 04-07-2016, 11:14 AM
Zelda50 Zelda50 is offline
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Additional news related to Johnson vs. United States - from FAMM:

There were promising signs during an oral argument in the U.S. Supreme Court last week that we thought you may be interested in learning about. If you have been following the Johnson case and news about the residual clause of the Armed Career Criminal Act (ACCA) being ruled unconstitutional, then keep reading.



The Supreme Court heard arguments on Wednesday, March 30 in Welch v. United States to determine whether the decision in Johnson v. United States can be applied retroactively. Johnson, a case decided last term by the Supreme Court, limited the types of prior crimes of violence that can be used to trigger the ACCA 15-year mandatory minimum imposed on felons convicted of possessing a weapon who have three prior crimes of violence.

In Johnson, the Supreme Court struckdown the so-called “residual clause” as unconstitutionally vague. Before it was struck down, the residual clause had been used to help define certain crimes of violence that were then used to trigger the 15-year mandatory minimum.

Since that decision, persons convicted of being felons in possession of a firearm cannot be sentenced to more than 10 years unless their priors are specifically listed in the other parts of ACCA.

The question in Welch v. United States is whether the Johnson decision is retroactive. If the answer is "yes," prisoners who were convicted under ACCA based on one or more residual clause priors can seek to have their 15-year sentences vacated. 



According to Professor Rory Little, writing for SCOTUSblog, it appears the Supreme Court may rule that Johnson is retroactive. A decision in the case is expected by June 30.
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  #3  
Old 04-07-2016, 04:32 PM
LiLfieryOnE1 LiLfieryOnE1 is offline
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I was stalking the Scotus blog Monday hoping they would have an answer on Welch but of course they didn't. Now we have to wait to see if they will discuss it on the 18th in conference, but who knows what will happen, just have to be patient now.
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Old 04-18-2016, 11:41 AM
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Default Supreme Court ruling ?

http://www.supremecourt.gov/opinions...-6418_2q24.pdf

I don't think this does anything for state, but may help some fed. offenders, not sure?
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Old 04-18-2016, 09:57 PM
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Quote:
Originally Posted by mssirois2u View Post
http://www.supremecourt.gov/opinions...-6418_2q24.pdf

I don't think this does anything for state, but may help some fed. offenders, not sure?
This will absolutely help some federal offenders! Particularly those charged as Armed Career Criminals under the residual clause. It makes Johnson (from last June) retroactive! Very exciting
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Old 04-19-2016, 02:21 PM
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They voted 7-1 in favor of Welch....I'm so excited!!!!! Johnson is now retroactive for ACCA inmates.
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Old 05-03-2016, 12:16 PM
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I'm so glad they made our case retroactive so that so many others will benefit. It makes this mess we have been through a little easier knowing it served a greater purpose.
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Old 05-19-2016, 06:57 PM
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I have tried and tried to understand what all this means. My man was sentenced under the Acca but I don't understand what all the "what's considered a felony " and retroactive and residual clause stuff means. Can anyone help me understand this!!?
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  #9  
Old 11-29-2016, 12:32 PM
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Quote:
Originally Posted by Zelda50 View Post
Additional news related to Johnson vs. United States - from FAMM:

There were promising signs during an oral argument in the U.S. Supreme Court last week that we thought you may be interested in learning about. If you have been following the Johnson case and news about the residual clause of the Armed Career Criminal Act (ACCA) being ruled unconstitutional, then keep reading.



The Supreme Court heard arguments on Wednesday, March 30 in Welch v. United States to determine whether the decision in Johnson v. United States can be applied retroactively. Johnson, a case decided last term by the Supreme Court, limited the types of prior crimes of violence that can be used to trigger the ACCA 15-year mandatory minimum imposed on felons convicted of possessing a weapon who have three prior crimes of violence.

In Johnson, the Supreme Court struckdown the so-called “residual clause” as unconstitutionally vague. Before it was struck down, the residual clause had been used to help define certain crimes of violence that were then used to trigger the 15-year mandatory minimum.

Since that decision, persons convicted of being felons in possession of a firearm cannot be sentenced to more than 10 years unless their priors are specifically listed in the other parts of ACCA.

The question in Welch v. United States is whether the Johnson decision is retroactive. If the answer is "yes," prisoners who were convicted under ACCA based on one or more residual clause priors can seek to have their 15-year sentences vacated. 



According to Professor Rory Little, writing for SCOTUSblog, it appears the Supreme Court may rule that Johnson is retroactive. A decision in the case is expected by June 30.
Since you have a great interest in this topic, can you please help me promote this petition so I can garner the remaining signatures needed to send to the Supreme Court??? I would really appreciate it!!


Beckles v. United States
This case was heard by the Supreme Court yesterday. This is the case that put many Johnson case filings on hold this last July. See http://www.scotusblog.com/case-files...united-states/

I have created a petition to ask the Supreme Court for a speedy ruling on the Beckles case - It is a short petition to read and I hope you will support my efforts.

https://www.change.org/p/united-stat...ail_responsive

It was put in the Prison Petitions topic, but this is specific to the Federal system.

I still need signatures so this can be delivered to the court. Please support this petition and ask your friends a families to sign it as well. I really appreciate it.
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Old 11-30-2016, 01:00 AM
nikkipattycake nikkipattycake is offline
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When i called the courts for my bf. The clerk said it was not going to be agrued until January. Strange. Maybe they have until January to make a decision.
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Old 11-30-2016, 01:02 AM
nikkipattycake nikkipattycake is offline
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The links dont work.
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  #12  
Old 11-30-2016, 04:48 AM
fbopnomore fbopnomore is offline
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Here's a working link to the Change.org petition.
https://www.change.org/p/united-stat...-united-states

and the US Supreme Court docket page
https://www.supremecourt.gov/Search....es/15-8544.htm
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Old 11-30-2016, 08:49 AM
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Quote:
Originally Posted by fbopnomore View Post
Here's a working link to the Change.org petition.
https://www.change.org/p/united-stat...-united-states

and the US Supreme Court docket page
https://www.supremecourt.gov/Search....es/15-8544.htm
thank you very much
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Old 11-30-2016, 08:54 AM
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Quote:
Originally Posted by nikkipattycake View Post
When i called the courts for my bf. The clerk said it was not going to be agrued until January. Strange. Maybe they have until January to make a decision.
They can take as long as they like or need to make a ruling. That's the reason I started the petition... too many are sitting and waiting, while others are still able to get re-sentenced and walk out the door. It's not fair.

If you can rally your friends and family, I still need more signatures on the petition so it can be delivered to the Supreme Court... Thank you!!!

Here's the analysis of the 11/28/16 hearing on Beckles...

http://www.scotusblog.com/2016/11/ar...ncing-context/
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  #15  
Old 01-25-2017, 12:43 PM
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Quote:
Originally Posted by sueshe View Post
thank you very much
I just signed your petition! Hopefully this reply will bump this and others will sign as well! Thank you!
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  #16  
Old 01-29-2017, 12:33 AM
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According to FAMM they wont make a decision until June.
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Old 02-14-2017, 05:12 PM
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The aggravating part for us is the judge denied the stay to wait for the Beckles ruling but has yet to rule on the case!! We are sitting here almost six months later waiting for her to rule and the attorney says she thinks she is waiting for SCOTUS to rule. After she made the gradeous statement about how unfair it would be to make him wait an undetermined amount of time for the ruling on that Supreme Court case!!! Nonsense....plain and simple!!!!����������
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Old 03-06-2017, 12:20 PM
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Quote:
Originally Posted by Zelda50 View Post
Great decision by the U.S. Supreme Court that will be good news for many sentenced to mandatory sentences under the Career Criminal Act.

Find it at:

http://www.supremecourt.gov/opinions...-7120_p86b.pdf

Unless I'm daft, this ruling confuses me. I don't really see where the first two issues presented in Beckles were specifically addressed and what this "affirmed" ruling really means.

(1) Whether Johnson v. United States applies retroactively to collateral cases challenging federal sentences enhanced under the residual clause in United States Sentencing Guidelines (U.S.S.G.) § 4B1.2(a)(2) (defining “crime of violence”); (2) whether Johnson's constitutional holding applies to the residual clause in U.S.S.G. § 4B1.2(a)(2), thereby rendering challenges to sentences enhanced under it cognizable on collateral review;

Can anyone put this in laymen's terms?
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Old 03-07-2017, 08:58 AM
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Well, this was not the favorable outcome we had all hoped for. The Court affirmed the Government's position, not Beckles.

It's sad that many of those affected by the stay on Johnson have been sitting and watching others get released and walk out the doors. But in those very few districts, the judges chose to wait on Beckles.

I'm pretty disappointed, as I'm sure some of you others are as well.
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Old 03-11-2017, 02:59 PM
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This was heartbreaking for my family. We were hoping that we would get some relief.
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Old 03-15-2017, 08:54 AM
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Hi, I was confused by the recent wording on the Beckles vs US decision on 3-06 - So, does this mean it did not pass in favor of the guys in prison that it would have helped? Can someone clarify this for me?
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Old 03-15-2017, 08:56 AM
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Hi, I was confused by the recent wording on the Beckles vs US decision on 3-06 - So, does this mean it did not pass in favor of the guys in prison that it would have helped? Can someone clarify this for me?
No it did not pass.
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