Horace Vonche Jordan v. United States
AdministrativeLaw DueProcess HabeasCorpus
Whether USSG § 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. Jordan a COA on whether his sentence is unconstitutional after Johnson. More specifically, however, this petition presents the narrow questions of whether reasonable jurists can debate the following issues: 1. Whether USSG § 4B1.2(a)(2)’s residual clause is void for vagueness with respect to defendants sentenced under the pre-Booker mandatory Guidelines. 2. Whether the invalidation of § 4B1.2(a)(2)’s mandatory residual clause applies retroactively on collateral review. Mr. Jordan is aware of at least four other cases pending before this Court that present similar issues. See Cottman v. United States, No. 17-7563 (filed Jan. 22, 2018); Greer v. United States, No. 17-8775 (filed May 1, 2018); Garrett v. United States, No. 18-5422 (filed Jul. 30, 2018); and Allen v. United States, No. 18-5939 (filed Aug. 20, 2018). PARTIES INVOLVED The parties identified in the caption of this case are the only parties before the Court. ii