Teron Harris v. USA


AMENDED OPINION filed: In its decision in Beckles, the Supreme Court made clear that the residual clause found in the prior version of USSG 4B1.2(a) is not subject to void-for-vagueness challenges in the same way as is the residual clause of the ACCA. Consequently, Harris cannot rely on the 2015 ruling in Johnson to extend the one-year period for filing his 2255 motion challenging his 60-month prison sentence. We thus conclude that Harris s 2255 motion was untimely and AFFIRM the district court s denial of that motion, decision not for publication. Martha Craig Daughtrey (authoring), Eric L. Clay, and Deborah L. Cook, Circuit Judges.

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Case: 16-3332 Document: 21-1 Filed: 04/17/2017 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 www.ca6.uscourts.gov Filed: April 17, 2017 Ms. Catherine Jean Adinaro Federal Public Defender's Office 1660 W. Second Street Suite 750 Cleveland, OH 44113 Mr. Daniel R. Hurley Office of the U.S. Attorney c/o FBI P.O. Box 7755 Ann Arbor, MI 48107 Re: Case No. 16-3332, Teron Harris v. USA Originating Case No. : 3:16-cv-00402 : 3:13-cr-00367-1 Dear Counsel: The Court issued the enclosed Amended Opinion today in this case. Sincerely yours, s/Renee M. Jefferies Case Manager Direct Dial No. 513-564-7021 cc: Ms. Sandy Opacich Enclosure Mandate to issue

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