Stringer v. USA

Filing 7

SHOW CAUSE ORDER re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Jimmie L Stringer. Signed by Judge David R. Herndon on 8/21/2017. (kmb2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JIMMIE L. STRINGER
Petitioner,
v.

No. 3:16-cv-00512-DRH

UNITED STATES OF AMERICA
Respondent.
ORDER
HERNDON, District Judge:
This matter comes before the Court for case management. On May 10,
2016, petitioner Jimmie Stringer (“Stringer”) filed a Motion to Vacate, Set Aside
or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 1). Specifically, Stringer
challenges his status as a career offender based on the holding in Johnson v.
United States, 135 S. Ct. 2551 (2015) (Id.).

In Johnson, the United States

Supreme Court found the residual clause in the Armed Career Criminal Act
(“ACCA”) to be unconstitutionally vague under the Sixth Amendment’s Due
Process Clause. See Johnson. Stringer argues that because the residual clause
found in U.S.S.G. § 4B1.2 is substantially identical to that found in the ACCA, it
similarly is unconstitutionally vague (Doc. 1). In accordance with this District’s
Administrative Order No. 176, the Court appointed the Federal Public Defender
(“FPD”) to represent Stringer (Doc. 2).
Due to a circuit split as to whether the sentencing guidelines were subject to
vagueness challenges the Supreme Court granted certiorari in Beckles v. United

States, 137 S. Ct. 886 (2017), and held that Johnson-reasoning does not extend
to section 4B1.2’s residual clause; and the advisory sentencing guidelines are
ultimately not subject to vagueness challenges under the Due Process Clause. See
Beckles.
Based on the foregoing, the Court DIRECTS Stringer—on or before
September 22, 2017—to file a response SHOWING CAUSE, i.e. a valid reason,
why his section 2255 petition should not be denied and his case dismissed. The
government may—but is not required to—file any further response by the same
date. The Clerk of Court is DIRECTED to mail a copy of this Order to Stringer at
his last known address.
IT IS SO ORDERED.
Signed this 21st day of August, 2017.

Judge Herndon
2017.08.21
17:02:08 -05'00'
UNITED STATES DISTRICT JUDGE