Alex Joe Hernandez v. United States
AdministrativeLaw DueProcess HabeasCorpus
When a Johnson movant would not be an armed career criminal if sentenced today, how can he show that his sentence is infected with error under Johnson when the sentencing court did not specify which clause of the Armed Career Criminal Act's violent felony definition his prior convictions fell under at the time of his original sentencing?
QUESTION PRESENTED The question in this case has arisen with great frequency in the wake of Johnson v. United States, 135 S. Ct. 2551 (2015), and Welch v. United States, 136 S. Ct. 1257 (2016). When a Johnson movant would not be an armed career criminal if sentenced today, how can he show that his sentence is infected with error under Johnson when the sentencing court did not specify which clause of the Armed Career Criminal Act’s violent felony definition his prior convictions fell under at the time of his original sentencing? i