10th Circuit Takes up Johnson

In United States v. Snyder (W. D. Okla.)(14-6023)(11-CR-00027-F-1), the Tenth Circuit applied the Supreme Court’s recent opinion in United States v Johnson, No.13-7120, slip op. at 15 (U.S. June 26, 2015).  The Tenth reluctantly applies Johnson to Mr. Snyder’s prior conviction finding:

Nonetheless, Johnson is binding on us. Despite an invitation from the dissent to hold otherwise, the Court’s opinion is clear that applying the residual clause violates due process in all instances, even when the felony at issue falls cleanly within its scope.
And here’s the opinion in Johnson, in case you missed it: http://www.supremecourt.gov/opinions/14pdf/13-7120_p86b.pdf

Author: COFPD

Federal Public Defender's Office for the Districts of Colorado and Wyoming