U.S. v. Hurlburt

Dist. Ct. erred in sentencing defendants to term of incarceration on unlawful possession of firearm charges based, in part, on finding that defendants were career offenders that were based in part on their prior convictions (i.e., discharge of firearm into building or vehicle and fleeing officer) that Dist. Ct. deemed to be “crimes of violence” under residual clause of section 4B1.2(a)(2) of USSG. Ct. of Appeals found that holding in Johnson, 135 S.Ct. 2551, which found similar residual clause in Armed Career Criminal Act to be unconstitutionally vague, applied to invalidate residual clause in section 4B1.2(a)(2) of USSG. In doing so, Ct. of Appeals overruled Tichenor, 683 F.3d 358, that categorically foreclosed vagueness challenge to Sentencing Guidelines. Moreover, both defendants are entitled to new full sentencing hearing, where their sentences fell above correct guideline range without career offender treatment. (Dissent filed.)