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On behalf of the National Association of Criminal Defense Lawyers, I am grateful to the Commission for promoting dialogue on these important issues and strongly urge retroactive adoption of the elimination of the residual clause.
Amici Brief of The Ninth Circuit Federal Public and Community Defenders and The National Association of Criminal Defense Lawyers in Support of Defendants-Appellants and Urging Reversal of the Underlying Judgment.
Amici Brief of The Ninth Circuit Federal Public and Community Defenders and The National Association of Criminal Defense Lawyers in Support of Defendant-Appellant and Urging Reversal of the Underlying Judgment.
Corrected En Banc Amici Curiae Brief of the National Association of Criminal Defense Lawyers and Families Against Mandatory Minimums In Support of Petitioner-Appellant
Effective Aug. 1, 2016, the Sentencing Commission deleted the residual clause from U.S.S.G. § 4B1.2(a)(2) and made other changes to the definition of “crime of violence.” The Commission said that its amendments would make the guideline consistent with Johnson v. United States (2015). The amendments will be beneficial for some defendants and detrimental to others. This article discusses when and how to use, challenge, or avoid the new definition of “crime of violence” in sentencings and resentencings. The authors discuss when to insist on using the pre-amendment version of the guideline as altered by Johnson and, alternatively, how to challenge the amended version to a client’s advantage.
