United States v. Lee

The court issued a certificate of appealability (COA) to allow federal prisoner, Lamar Richard Lee, to challenge the denial of his motion under 28 U.S.C. 2255. The court held this case in abeyance pending the Supreme Court's decision in Beckles v. United States. In Beckles, the Supreme Court concluded that the Guidelines are not subject to a vagueness challenge under the Due Process Clause. The court explained that, in short, Johnson v. United States' vagueness holding does not apply to the residual clause in USSG 4B1.2(a)(2). In this case, the court concluded that the district court did not err by determining that Lee's unlawful wounding conviction qualified as a crime of violence under the residual clause. Accordingly, the court affirmed the judgment. View "United States v. Lee" on Justia Law