D’Antoni v. U.S.

Dist. Ct. erred in denying defendant’s habeas petition alleging that he was entitled to new sentencing hearing on drug conspiracy charge, where he had received enhanced sentence under career-offender provision of 1990 Sentencing Guidelines based, in part, on prior felony “crime of violence” conviction on charge of conspiracy to kill govt. witness. Said conviction was crime of violence only under residual clause set forth in career-offender sentencing guideline, and Ct., in Johnson, 135 S.Ct. 2551, found that identical residual clause found in Armed Career Criminal Act was unconstitutionally vague. As such, defendant was entitled to new sentencing hearing. Fact that “conspiracy,” “murder,” and “manslaughter” were listed as crimes of violence in application notes to 1990 version of section 4B1.2 of USSG did not require different result or demonstrate that such charges qualified as crimes of violence under elements clause, since application notes’ list of qualifying crimes was valid only as interpretation of section 4B1.2 of USSG’s residual clause.