Michael A. Jackson v. United States
AdministrativeLaw DueProcess HabeasCorpus
Whether a post-conviction motion under 28 U.S.C. § 2255 challenging a sentence under the pre-2005 mandatory U.S. Sentencing Guidelines is timely when filed within one year of Johnson v. United States
QUESTION PRESENTED The question presented is whether a postconviction motion under 28 U.S.C. § 2255, challenging a sentence imposed under the pre-2005 mandatory version of the U.S. Sentencing Guidelines and based on the so-called “residual clause” of the careeroffender provision of the Guidelines, USSG § 4B1.2(a)(2) (1999), is timely when filed within one year of the decision of this Court in Johnson v. United States, 135 S. Ct. 2551 (2015), which held for the first time that the identically worded “residual clause” of the Armed Career Criminal Act, 18 U.S.C. § 924, is unconstitutionally vague and that defendants cannot be subjected to sentence based on it. i