Supreme Court Voids Residuary Clause of ACCA in Landmark
Decision
By Derek Gilna
In a landmark decision to, the U.S. Supreme Court has struck down,
voided, and set aside the residuary clause of the Armed Career Criminal Act
(ACCA), while leaving the rest of ACCA intact. The impact of this cannot be
overstated for those who received mandatory minimum sentence based upon the
residuary clause.
Simply put,
in Johnson v. U.S., 13-7120, the Supreme
Court ruled that a district court as a part of the sentencing process cannot
increase a sentence based upon the language of ACCA’s residuary clause;
unfortunately, the court said, many district courts have classified as violent
crimes offenses which did not rise to the level of violent acts, accepting the
argument of prosecutors in almost every instance that they argued for an ACCA
mandatory minimum sentence. I must
emphasize the rest of ACCA has been left intact, so if you were sentenced under
anything OTHER than the residuary clause, this decision does not assist you.
Since the
residuary clause has been found to be unconstitutional, this means that relief
cannot be denied to those whose appeals or habeas corpus claims are still
pending. A strong argument exists for vacating the sentences of even those
where appeals have been exhausted.
However, the court has not stated that the decision is retroactive in
its application, so these arguments must be made with caution. However, those who received sentences based
upon the residuary clause finally have an argument that they can make that the
courts will have to listen to. As stated by the Supreme Court, “imposing an
increased sentence under ACCA’s residual clause violates due process.”
Derek Gilna, 113 McHenry #173, Buffalo
Grove , IL
60089
dgilna1948@yahoo.com
