JUDGE GRANTS 2255 RELIEF, REDUCING SENTENCE NEARLY 3 YEARS

MOTION GRANTED: The Firm was hired to seek 28 U.S.C. § 2255 relief based on the Supreme Court’s decision in Johnson v. United States, which declared the “residual clause” of the Armed Career Criminal Act (ACCA) unconstitutionally vague. The client had been enhanced as a “career offender” under the U.S. Sentencing Guidelines.

The Firm argued that Johnson, while decided in the context of the ACCA, should also apply to the “residual clause” of the career offender provisions of the Sentencing Guidelines. The district judge agreed with the Firm’s arguments, granted the client’s § 2255 motion, and reduced the client’s sentence to 120 months, a 31-month sentence reduction. United States v. McClendon, 6:08-cr-10008-JTM (D. Kansas).

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