Zachary T. Frey v. United States
HabeasCorpus JusticiabilityDoctri
Whether a defendant can prove his ACCA-enhanced sentence was based on the unconstitutional residual clause by relying on post-sentencing case law
question presented here is, whether a defendant, faced with a silent record below, can prove his ACCA-enhanced sentence was indeed based upon the residual clause through a process of elimination. And in doing so, can he rely on postsentencing case law, including this Court’s decisions clarifying the other ACCA clauses?! 1 This same issue, and Beeman itself, are currently the subject of a petition for writ of certiorari pending before this Court. Beeman v. United States, No. 18-6385 (pending). i PARTIES INVOLVED The parties identified in the caption of this case are the only parties before the Court. ii