Wednesday, February 25, 2015

Second Circuit: Johnson v. United States

Subsequent vacatur of on-point predicate conviction count doesn't bar the subsequent ACCA sentencing bump, as the statute merely requires that the offense be committed, not that the deft be convicted of it, and the other (non-vacated) counts can encompass the valid predicate offense.

No Ineffective Assistance as to that sort of stuff.

Johnson v. United States
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.