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Home / Opinion Digests / Criminal Law / No Resentencing Based on USSG Residual Clause (access required)

No Resentencing Based on USSG Residual Clause (access required)

A drug defendant sentenced as a career offender under the federal sentencing guidelines cannot show his motion for resentencing under Johnson v. U.S. is timely, as the Supreme Court has not recognized that Johnson and its progeny can be applied to career offender status under the sentencing guidelines; the 4th Circuit affirms dismissal of defendant’s ...