Beckles v. United States

Beckles was convicted of possession of a firearm by a convicted felon, 18 U.S.C. 922(g)(1). The court imposed a “career offender” sentencing enhancement under U.S.S.G. 4B1.1(a), finding that his offense qualified as a “crime of violence” under the residual clause. The Eleventh Circuit affirmed his sentence and the denial of post-conviction relief. In the meantime, the Supreme Court held (Johnson v. United States) that the identically worded residual clause in the Armed Career Criminal Act (ACCA), section 924(e)(2)(b), was unconstitutionally vague. The Eleventh Circuit affirmed again. The Supreme Court affirmed. The Sentencing Guidelines, including section 4B1.2(a)’s residual clause, are not subject to vagueness challenges under the Due Process Clause. Johnson held that the ACCA’s residual clause fixed, in an impermissibly vague way, a higher range of sentences for certain defendants; the advisory Guidelines do not fix the permissible range of sentences. They merely guide the exercise of a court’s discretion in choosing an appropriate sentence within the statutory range. Congress has long permitted a “wide discretion to decide whether the offender should be incarcerated and for how long.” The Guidelines have been rendered “effectively advisory” by the Supreme Court. The Guidelines do not implicate the concerns underlying vagueness doctrine: providing notice and preventing arbitrary enforcement. The statutory range, which establishes the permissible bounds of the court’s sentencing discretion, provides the required notice. The Guidelines do not invite arbitrary enforcement because they do not permit a court to prohibit behavior or to prescribe the sentencing ranges available. View "Beckles v. United States" on Justia Law