Whether a motion under 28 U.S.C. § 2255 challenging the constitutionality of the residual clause of the mandatory U.S. Sentencing Guidelines is timely if filed within one year of Johnson v. United States

QUESTION PRESENTED The Second Circuit’s decision below, Nunez v. United States, 954 F.3d 465 (2d Cir. 2020), and the First Circuit’s contrary decision in Shea v. United States, 976 F.3d 63 (1st Cir. 2020), deepen a circuit split over the following important and recurring question of federal law: Whether a motion under 28 U.S.C. § 2255 challenging the constitutionality of the residual clause of the mandatory U.S. Sentencing Guidelines is timely if filed within one year of Johnson v. United States, 576 U.S. 591 (2015), which held unconstitutional the identical residual clause of the Armed Career Criminal Act. i