Dist. Ct. erred in sentencing defendant to 21-month term of incarceration on charge of illegal reentry into U.S., after finding that defendant’s Wisc. conviction for fleeing officer was “crime of violence” under 18 USC section 16(b) that qualified defendant for maximum sentence of 20 years. Section 16(b), which defines “crime of violence” as “any…offense that is a felony and that, by its nature, involves substantial risk that physical force against person or property of another may be used in the course of committing the offense,” was unconstitutionally vague in light of Johnson, 135 S.Ct. 2551, because there was no guidance for Dist. Ct. to determine whether risk involved in ordinary case of crime qualified as “substantial” risk. Moreover, defendant was entitled to new sentencing hearing, where govt. failed to advance any harmless-error argument with respect to instant 21-month sentence.
Federal 7th Circuit Court
Criminal Court
Sentencing