Dawkins v. U.S.

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 15-3667
Decision Date: 
January 7, 2016
Federal District: 
N.D. Ill., E. Div.
Holding: 
Motion for order authorizing Dist. Ct. to entertain successive motion for collateral review denied.

Defendant filed request for order authorizing Dist. Ct. to entertain second motion for collateral review of defendant’s 262-month term of incarceration, where defendant was sentenced as career offender under Armed Career Criminal Act (ACCA), and where defendant relied on Johnson, 135 S.Ct. 2551 to support argument that he is entitled to new sentence because residual clause in ACCA is unconstitutionally vague. Defendant could not show that his sentence violated Johnson since Dist. Ct. did not base sentence on residual clause, but rather on defendant’s prior convictions for carjacking, which had as element use or threatened use of force and for residential burglary, which qualified as “crime of violence” under section 4B1.2(a)(2) of USSG. (Dissent filed.)