August 4, 2015
Seventh Circuit authorizes successive 2255 attack on ACCA sentence based on Johnson
A helpful reader altered me to a significant post-Johnson ruling today by the Seventh Circuit in Price v. US, No. 15-2527 (7th Cir. Aug. 4, 2015) (available here). Price, which some ACCA prisoners may come to consider priceless, authorizes a defendant serving an ACCA-influenced sentence of 20+ years imposed way back in 2006 to bring a new, successor 2255 motion based on the Johnson ruling. Here are a few key passages from this notable ruling:
Price now asks this court to authorize the district court to entertain a successive collateral attack, 28 U.S.C. § 2244(b)(3), in which he proposes to assert a claim under Johnson v. United States, 135 S. Ct. 2551 (2015). Johnson holds that the imposition of an enhanced sentence under the residual clause of ACCA violates due process because the clause is too vague to provide adequate notice. Id. at 2557. We invited the government to respond, and it has done so. We now conclude, consistently with the government’s position, that Johnson announces a new substantive rule of constitutional law that the Supreme Court has categorically made retroactive to final convictions....
Johnson, we conclude, announced a new substantive rule. In deciding that the residual clause is unconstitutionally vague, the Supreme Court prohibited “a certain category of punishment for a class of defendants because of their status.” Saffle, 494 U.S. at 494. A defendant who was sentenced under the residual clause necessarily bears a significant risk of facing “a punishment that the law cannot impose upon him.” Summerlin, 542 U.S. at 352. There is no escaping the logical conclusion that the Court itself has made Johnson categorically retroactive to cases on collateral review. Because Price has made a prima facie showing that he may be entitled to sentencing relief under Johnson, we GRANT Price’s application and AUTHORIZE the district court to consider a successive collateral attack presenting this claim.
We add a cautionary note in closing. Our review of Price’s substantive claim is necessarily preliminary, and as we just noted, our holding is limited to the conclusion that Price has made a prima facie showing of a tenable claim under Johnson. The district court will have the opportunity to examine the claim in more detail as the case proceeds. That court is authorized under § 2244(b)(4) to dismiss any claim that it concludes upon closer examination does not satisfy the criteria for authorization. The judge is likely to be familiar with the case (or to become familiar easily) because § 2255 motions must be filed in the applicant’s sentencing court, which has access to the criminal record and familiarity with the case. Our conclusions are tentative largely because of the strict time constraints under which we must review these applications. Tyler, 533 U.S. at 664 (“It is unlikely that a court of appeals could make such a determination in the allotted time [30 days] if it had to do more than simply rely on Supreme Court holdings.”). For example, we do not know whether Price has other qualifying convictions that were not considered at sentencing because, at that time, the three on which the court relied were sufficient. If he is successful in vacating his sentence under Johnson, the parties will be free to argue this and any other pertinent questions on resentencing.
August 4, 2015 at 04:35 PM | Permalink
Very important cases. If it holds up, hundreds and hundreds of prisoners will benefit.
Posted by: Michael R. Levine | Aug 5, 2015 10:34:50 PM
Agreed! This case is obviously important for ACCA defendants and inmates. But, it is also important to inmates seeking to file successive § 2255 motions. To my knowledge, this is the first case in the history of the AEDPA to permit the filing of a successive § 2255 motion based on a change in law.
Posted by: Matt Robinson | Aug 10, 2015 10:44:53 AM
My husband has filed an unopposed 2255 in light of the Johnson case. We are currently waiting on a decision to vacate or resentence and I am really very excited about it however he has already served eight and a half years. without the ACCA enhancement he only qualified for up to 10 month. can we be $$$ compensated for all those lost years???
Posted by: Marisa | Sep 28, 2015 2:16:46 PM