The Supreme Court of the United States issued one decision today:
Welch v. United States, No. 15-6418: Last term, the Supreme Court, in Johnson v. United States, 576 U.S. __ (2015), held that the residual clause in the Armed Career Criminal Act of 1984, 18 U.S.C. §924(e)(2)(B)(ii), was void for vagueness. Under the Act, someone who possesses a firearm after three or more convictions for a “serious drug offense” or a “violent felony” is sentenced to a minimum 15-year sentence and a maximum of life in prison. The residual clause that was found to be void for vagueness counted any crime that “otherwise involves conduct that presents a serious potential risk of physical injury to another” as a “violent felony.” Petitioner Welch was sentenced under the Armed Career Criminal Act, and challenged the residual clause on both direct appeal and in seeking collateral review under 28 U.S.C. §2255. Three weeks after the Eleventh Circuit denied Welch a certificate of appealability on collateral review, Johnson was issued. Welch then sought the retroactive application of Johnson to his case. Today, the Court held that Johnson announced a substantive rule that has retroactive effect in cases on collateral review and remanded the case for further proceedings.
The Court's decision is available here.