Price v. U.S.

Ct. of Appeals granted defendant’s motion seeking leave to file successive habeas petition that challenged defendant’s 250-month sentence on unlawful possession of firearm charge, where said sentence was based in part on finding that defendant qualified as armed career criminal under ACCA’s residual clause as it pertained to defendant’s prior conviction on charge of criminal recklessness. Supreme Ct., in Johnson, 135 S. Ct. 2551, found that imposition of enhanced sentence under residual clause of ACCA violated due process, and Ct. of Appeals found that ruling in Johnson applied retroactively to cases on collateral review, so as to support defendant’s request to file successive habeas petition.