Resentencing in the Shadow of Johnson v. United States

Abstract

This essay analyzes several statutes and doctrines that will determine whether courts resentence prisoners who received mandatory minimum sentences under the Armed Career Criminal Act’s residual clause. The Supreme Court recently held ACCA’s residual clause unconstitutionally vague. This essay argues that Johnson applies retroactively to cases that have already become final, and also examines several recent court of appeals decisions regarding whether defendants may file second or successive post-conviction petitions based on Johnson. It also offers recommendations for what the Department of Justice, Congress, and federal courts can do to ensure that prisoners with Johnson claims do not serve a term of imprisonment longer than the statutory maximum for their offense of conviction.