United States v. Richardson

Defendant-appellant Frank Richardson appealed his conviction for aiding and abetting he use of a firearm during a crime of violence. On his first appeal, the Sixth Circuit affirmed his conviction and sentence in full. But while that appeal was pending, the Supreme Court decided Johnson v. United States, 135 S. Ct. 2551 (2015), which held that part of the Armed Career Criminal Act’s definition of a violent felony was unconstitutionally vague. Although Richardson was not convicted under the Armed Career Criminal Act, he petitioned the Supreme Court for certiorari, arguing that Johnson nonetheless called part of his conviction into question. Richardson contends that the residual clause of 18 U.S.C. 924(c) was unconstitutional because its definition of the term, "crime of violence," was similar to the language at issue in Johnson. The Court granted Richardson’s petition, vacated the Sixth Circuit's judgment, and remanded. In turn, the Sixth Circuit vacated Richardson’s sentence and remanded the case to the district court to determine whether Richardson’s original sentence should stand in light of Johnson. Without determining whether section 924(c)’s residual clause was unconstitutionally vague, the Sixth Circuit affirmed Richardson’s conviction under 924(c)’s force clause, which supplied a separate definition of "crime of violence." The Court also concluded its remand limited the district court’s inquiry to Johnson-related issues and that the district court properly refrained from considering Richardson’s other arguments about alleged deficiencies in the indictment and the trial court’s jury instructions - arguments that he could have raised in his first appeal but did not. Finally, the Sixth Circuit held Richardson’s sentence was procedurally and substantively reasonable. View "United States v. Richardson" on Justia Law