Taylor v. USA

Filing 12

SHOW CAUSE ORDER re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Roderick L. Taylor. Petitioner is DIRECTED to file a response on or before September 13, 2017. Signed by Judge David R. Herndon on 8/16/2017. (kmb2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RODERICK L. TAYLOR
Petitioner,
v.

No. 3:16-cv-00711-DRH

UNITED STATES OF AMERICA
Respondent.
ORDER
HERNDON, District Judge:
This matter comes before the Court for case management. On June 27,
2016, petitioner Roderick Taylor (“Taylor”) filed a Motion to Vacate, Set Aside or
Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 1).

Specifically, Taylor

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. Taylor 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 Taylor (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 Taylor—on or before
September 13, 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.
IT IS SO ORDERED.
Signed this 16th day of August, 2017.

Judge Herndon
2017.08.16
11:14:18 -05'00'
UNITED STATES DISTRICT JUDGE