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)

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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

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