Booker Terry Simmons v. United States
DueProcess HabeasCorpus
Whether a § 2255 motion filed within one year of Johnson v. United States, claiming that Johnson invalidates the residual clause of the pre-Booker career offender guideline, asserts a 'right . . . initially recognized' in Johnson for timeliness purposes under 28 U.S.C. § 2255(f)(3)
Questions Presented 1. Whether a § 2255 motion filed within one year of Johnson v. United States, claiming that Johnson invalidates the residual clause of the pre-Booker career offender guideline, asserts a “right . . . initially recognized” in Johnson for timeliness purposes under 28 U.S.C. § 2255(f)(3). 2. Whether, in light of Johnson, the residual clause of the mandatory guidelines is unconstitutionally vague. i Statement of