USA v. James Jerry, Jr.
Opinion issued by court as to Appellant James Clifton Jerry, Jr.. Decision: Vacated and Remanded. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.
Date Filed: 12/28/2015
Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
D.C. Docket No. 9:14-cr-80027-KAM-1
UNITED STATES OF AMERICA,
JAMES CLIFTON JERRY, JR.,
Appeal from the United States District Court
for the Southern District of Florida
(December 28, 2015)
Before JORDAN, JILL PRYOR and BLACK, Circuit Judges.
Date Filed: 12/28/2015
Page: 2 of 2
James Jerry appeals his 180-month sentence, after pleading guilty to one
count of being a felon in possession of a firearm, in violation of 18 U.S.C.
§§ 922(g), 924(e). Jerry challenges his enhanced sentence under the Armed Career
Criminal Act (ACCA) on multiple grounds, including that the residual clause is
void for vagueness.
Under the ACCA, a person who violates § 922(g) and has three prior
convictions “for a violent felony or a serious drug offense, or both, committed on
occasions different from one another” is subject to a mandatory minimum sentence
of 15 years. 18 U.S.C. § 924(e)(1). The ACCA defines “violent felony” in several
ways, one of which is commonly called the residual clause. Under that clause, a
violent felony is any offense that “otherwise involves conduct that presents a
serious potential risk of physical injury to another.” Id. § 924(e)(2)(B)(ii).
The district court sentenced Jerry under the ACCA after finding that he had
three qualifying prior convictions, all three of which qualified under the residual
clause. Jerry argued both before the district court and in his opening brief on
appeal that the residual clause is unconstitutionally vague. In light of Johnson v.
United States, 135 S. Ct. 2551 (2015), the Government concedes that Jerry is
correct. See id. at 2563. We vacate and remand for resentencing without reference
to the residual clause.
VACATED and REMANDED.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?