Summary
Playbook for challenging ACCA sentences after Johnson v. United States.
Overview
The Armed Career Criminal Act (18 U.S.C. § 924(e)) imposes a mandatory minimum 15-year sentence. After Johnson v. United States (2015), many sentences can be challenged.
Step 1: Identify Qualifying Priors
- ACCA requires three "violent felonies" or "serious drug offenses"
- Residual clause void after Johnson
- Apply categorical approach (Taylor)
Step 2: Analyze Each Conviction
- Obtain certified copies
- Review statute of conviction
- Check if divisible (Descamps/Mathis)
- Compare to federal generic definition
Step 3: File the Challenge
- Direct appeal: sentencing error
- Post-conviction: § 2255 motion
- One year from newly recognized right
Key Cases
- Johnson v. United States (2015)
- Welch v. United States (2016)
- Sessions v. Dimaya (2018)
- Borden v. United States (2021)
- United States v. Taylor (2022)
