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: see
citation_b.identifier: 805 F.3d 1204, 1210
citation_b.parenthetical: "The concerns about judicial inconsistency that motivated the Court in Johnson lead us to conclude that the residual clause of the Guidelines is also unconstitutionally vague."
citation_b.sentence: See, e.g., United States v. Madrid, 805 F.3d 1204, 1210 (10th Cir.2015) (“The concerns about judicial inconsistency that motivated the Court in Johnson lead us to conclude that the residual clause of the Guidelines is also unconstitutionally vague.”); United States v. Darden, 605 Fed.Appx. 545, 546 (6th Cir. 2015) (per curiam) (holding a defendant could not receive an enhanced sentenced under the residual clause of § 4B1.2(a)(2) following Johnson); Cornejo-Lopez, 2015 WL 7274060, at *7 (“Just as the iteration of the [residual] clause in 18 U.S.C. § 924(e) is unconstitutionally vague, so too is the residual clause of U.S.S.G. 4B1.2.”); United States v. Litzy, 137 F.Supp.3d 920, 930, CR.