Residual Clause is invalid

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7^th Circuit Court of Appeals

Case Name: United States of America v. Darryl Rollins

Case No.: 13-1731

Officials: WOOD, Chief Judge, and POSNER, FLAUM, EASTERBROOK, KANNE, ROVNER, WILLIAMS, SYKES, and HAMILTON, Circuit Judges

Focus: Residual Clause is invalid

Darryl Rollins pleaded guilty to selling crack cocaine and was sentenced to 84 months in prison. This is our second time hearing his appeal. He challenges the calculation of his Sentencing Guidelines range—specifically, the district court’s application of the career-offender guideline, which assigns a higher offense level if the defendant has two prior convictions for a “crime of violence.” See U.S.S.G. § 4B1.1(a). The term “crime of violence” includes “any offense … that … is burglary of a dwelling, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” Id. § 4B1.2(a)(2) (2014) (emphasis added). The highlighted text is known as the residual clause.

. . . But the residual clause in § 4B1.2(a)(2) is invalid, so Raupp’s premise no longer holds. The panel circulated a new opinion to the full court proposing to overrule Raupp. See 4 No. 13-1731 7TH CIR. R. 40(e). An en banc vote followed, and the court approved, making this the opinion of the full court. See Buchmeier v. United States, 581 F.3d 561 (7th Cir. 2009) (using the same procedure). Accordingly, we now vacate Rollins’s sentence and remand for resentencing.

Vacated and remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.