Mario Ronrico Smith v. United States
FifthAmendment HabeasCorpus
Whether the sentencing package doctrine, rather than the concurrent sentence doctrine, must be applied on post-conviction review of a meritorious challenge to an unconstitutional ACCA-enhanced sentence in a multi-count conviction, requiring vacation, de novo resentencing, and application of the current Guidelines
QUESTION PRESENTED FOR REVIEW In Johnson v. United States, 135 S. Ct. 2551 (2015), this Court declared unconstitutionally vague the residual clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B) (ii) “ACCA”). The question presented is: . 1. | Whether the sentencing package doctrine, rather than the concurrent sentence doctrine, must be applied on post-conviction review of a meritorious challenge to an unconstitutional ACCA-enhanced sentence in a multi-count conviction, requiring vacation, de novo resentencing, and application of the current Guidelines? i INTERESTED PARTIES There are no