context: The government agreed. The court's finding is consistent with the growing list of courts that have reached the same conclusion following Johnson.
citation_a.signal: but see
citation_a.identifier: 802 F.3d 1185, 1195
citation_a.parenthetical: holding that the vagueness doctrine does not apply to advisory sentencing guidelines, notwithstanding the government's position that the residual clause of SS 4B1.2(a
citation_a.sentence: No. 3:15-00021, 2015 WL 5895199, at *7 (S.D.W.Va. Oct. 8, 2015) (“This Court holds that enhancing a convicted individual’s sentence under the residual clause of the career offender enhancement, § 4B1.2(a)(2), denies due process of law because the residual clause is unconstitutionally vague.”); and Petrillo v. United States, 147 F.Supp.3d 9, 21, No. 3:08-CV-1204 (JBA), 2015 WL 7574744, at *7 (D.Conn. Nov. 25, 2015) (“Because the Government acknowledges that the Guidelines may be unconstitutionally vague and because the Supreme Court recently held that language identical to § 4B1.2 is unconstitutionally vague, by the Government’s own admission, if [the defendant] were sentenced today, he would not be sentenced as a career offender.”); but see United States v. Matchett, 802 F.3d 1185, 1195 (11th Cir.2015) (holding that the vagueness doctrine does not apply to advisory sentencing guidelines, notwithstanding the government’s position that the residual clause of § 4B1.2(a) was unconstitutionally vague following Johnson).
citation_b.signal: no signal
citation_b.identifier: 147 F.Supp.3d 9, 21
citation_b.parenthetical: "Because the Government acknowledges that the Guidelines may be unconstitutionally vague and because the Supreme Court recently held that language identical to SS 4B1.2 is unconstitutionally vague, by the Government's own admission, if [the defendant] were sentenced today, he would not be sentenced as a career offender."
citation_b.sentence: No. 3:15-00021, 2015 WL 5895199, at *7 (S.D.W.Va. Oct. 8, 2015) (“This Court holds that enhancing a convicted individual’s sentence under the residual clause of the career offender enhancement, § 4B1.2(a)(2), denies due process of law because the residual clause is unconstitutionally vague.”); and Petrillo v. United States, 147 F.Supp.3d 9, 21, No. 3:08-CV-1204 (JBA), 2015 WL 7574744, at *7 (D.Conn. Nov. 25, 2015) (“Because the Government acknowledges that the Guidelines may be unconstitutionally vague and because the Supreme Court recently held that language identical to § 4B1.2 is unconstitutionally vague, by the Government’s own admission, if [the defendant] were sentenced today, he would not be sentenced as a career offender.”); but see United States v. Matchett, 802 F.3d 1185, 1195 (11th Cir.2015) (holding that the vagueness doctrine does not apply to advisory sentencing guidelines, notwithstanding the government’s position that the residual clause of § 4B1.2(a) was unconstitutionally vague following Johnson).