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Constitution; constitutional law; united states v. johnson; felony; felonies; violent; violence; retroactivity
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Using Johnson V. United States To Reframe Retroactivity For Second Or Successive Collateral Challenges, Thomas H. Gabay
Using Johnson V. United States To Reframe Retroactivity For Second Or Successive Collateral Challenges, Thomas H. Gabay
Fordham Law Review
The Armed Career Criminal Act (ACCA) provides a fifteen-year mandatory minimum sentence in federal prison for persons with at least three prior “violent felony” convictions who are subsequently convicted of being in possession of a firearm. In Johnson v. United States, the U.S. Supreme Court struck down one portion of this statute on the ground that it was unconstitutionally vague. In addition to an enumerated list of “violent felonies” that can result in a conviction, this portion included a catchall category that defined a violent felony as a crime that “otherwise involves conduct that presents a serious potential risk …