Alphonso Churchwell, Jr. v. United States
AdministrativeLaw DueProcess HabeasCorpus
Whether U.S.S.G. § 4B1.2(a)(2)'s residual clause is void for vagueness with respect to defendants sentenced under the pre-Booker mandatory Guidelines
question presented by this petition is whether the Eleventh Circuit erroneously denied Mr. Churchwell COA on whether his sentence is unconstitutional after Samuel Johnson. More specifically, however, this petition presents the narrow questions of whether reasonable jurists can debate the following issues: 1. Whether U.S.S.G. § 4B1.2(a)(2)’s residual clause is void for vagueness with respect to defendants sentenced under the preBooker mandatory Guidelines. 2. Whether the invalidation of § 4B1.2(a)(2)’s mandatory residual clause applies retroactively on collateral review. ii