Sentencing Guidelines.
| Date | 28 October 2019 |
Byline: Derek Hawkins
7th Circuit Court of Appeals
Case Name: Michael Daniels v. United States of America
Officials: EASTERBROOK, SYKES, and BARRETT, Circuit Judges.
Focus: Sentencing Guidelines
In 1991 Michael Daniels was sentenced to 35 years in prison for drug-trafficking crimes he committed while leading the violent Brothers of the Struggle street gang in Milwaukee in the 1980s. Based on two of his many prior crimes, he was sentenced as a career offender under the then-mandatory Sentencing Guidelines. But the designation did not affect his sentencing range, which was 360 months to life with or without it.
More than two decades later, Daniels moved to vacate his sentence under 28 U.S.C. 2255 on the authority of Johnson v. United States, 135 S. Ct. 2551 (2015), which invalidated the "residual clause" in the Armed Career Criminal Act as...
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