Seventh Circuit Rejects Vagueness Challenge to Acca Sentence in Collateral Attack

After being convicted and sentenced for conspiracy to distribute cocaine back in 2007, the defendant did not appeal the conviction or the sentence. After the United States Supreme Court handed down its decision in Johnson v. United States regarding the constitutionality of the “residual clause” of the ACCA, Perry brought an as applied vagueness challenge to his sentence, which the Seventh Circuit rejected due to the fact that the Guidelines at the time of the original sentencing were advisory.

The decision is Perry v. United States.

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