UNITED STATES OF AMERICA v. KAREEM ANTWAN DOCTOR
US Court of Appeals for the Fourth Circuit, Gregory, Nov. 21, 2016,
ACCA – South Carolina robbery qualifies as a predicate for ACCA
(Concur- Wilkinson – Yeah, great opinion, but we need to do away with this entire approach to ACCA predicates)
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RICHARD MATHIS v. UNITED STATES
Supreme Court of the United States, Kagan, June 23, 2016,
ACCA – Where an underlying state conviction provides multiple means of committing a single offense, it can not serve as a predicate for ACCA unless each satisfies the “generic” version of the burglary/arson/extortion crime in question.
UNITED STATES OF AMERICA, v. RUSSELL JAVON LINNEY
US Court of Appeals for the Fourth Circuit, Wilkinson, Filed April 26, 2016,
ACCA – Armed Career Criminal Act – Burglarizing two houses “thirty feet apart” constituted two “separate and distinct” criminal episodes, as there were different victims and the defendant had “sufficient opportunity to evaluate whether to commit another crime.”
GREGORY WELCH v. UNITED STATES
Supreme Court of the United States, Kennedy, Filed April 18, 2016,
ACCA – Armed Career Criminal Act – Johnson v. United States (holding the residual clause of the ACCA void for vagueness) is a substantive rule to be applied retroactively to all cases pending on collateral review
(Dissent – Thomas – The Court should not consider the claim, applies Teague incorrectly)
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