Beckles v. United States -- Amici Curiae Brief of Scholars of Criminal Law, Federal Courts, and Sentencing in Support of Petitioner

Abstract

Section 4B1.2(a)(2) of the U.S. Sentencing Guidelines is identical to statutory language that the U.S. Supreme Court found to be unconstitutionally vague in Johnson v. United States. The Supreme Court subsequently held that the ruling in Johnson was retroactive. This brief explains why the U.S. Sentencing Guidelines are subject to vagueness challenges and why any ruling that a guideline is unconstitutionally vague should be made retroactive.

Keywords: due process, vagueness, retroactivity, Supreme Court