Garecht v. United States

4 Citing cases

  1. Hernandez-Vega v. United States

    Case No. 16-1214 (C.D. Ill. Nov. 4, 2016)   Cited 1 times

    That being said, the holding has not been extended to apply retroactively to these cases on collateral review. Id.; see also, Garecht v. United States, 2016 WL 3581994 (C.D.Ill. June 28, 2016). This question is currently pending before the United States Supreme Court in United States v. Beckles, 616 Fed.Appx. 415 (11 Cir. 2016), cert. granted, No 15-8544 (U.S. June 27, 2016).

  2. Thomas v. United States

    Case No. 16-2056 (C.D. Ill. Sep. 2, 2016)   Cited 1 times

    Moreover, even assuming that the holding of Johnson is ultimately applied to the residual clause of the career offender guideline, it is far from certain that it would also be found to apply retroactively to these cases on collateral review. See Garecht v. United States, 2016 WL 3581994 (C.D.Ill. June 28, 2016). Even assuming that Johnson could be applied under the circumstances of this case, the record indicates that Thomas would not be entitled to relief as the convictions qualifying him as a career offender did not invoke the residual clause of the guideline.

  3. King v. United States

    Case No. 16-2072 (C.D. Ill. Aug. 22, 2016)   Cited 1 times

    Moreover, even assuming that the holding of Johnson is ultimately applied to the residual clause of the career offender guideline, it is far from certain that it would also be found to apply retroactively to these cases on collateral review. See Garecht v. United States, 2016 WL 3581994 (C.D.Ill. June 28, 2016). Even assuming that Johnson could be applied under the circumstances of this case, the record indicates that King would not be entitled to relief as the convictions qualifying him as a career offender did not invoke the residual clause of the guideline.

  4. Cox v. United States

    Case No. 16-cv-1237 (C.D. Ill. Jul. 11, 2016)

    Whether Johnson applies retroactively on collateral review to inmates sentenced as career offenders pursuant to the sentencing guidelines remains an open question in this circuit. See Garecht v. United States, No. 16-cv-3161, 2016 WL 3581994, at *3 (C.D. Ill. June 27, 2016). Even assuming that Johnson applies retroactively on collateral review to individuals who were found to be career offenders under the guidelines, Petitioner would not be entitled to relief. Petitioner's instant offense of conviction was a substance offense, and the two convictions that the Court relied upon to conclude that Petitioner was a career offender were controlled substance offenses.