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16-3332 - Teron Harris v. USA

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16-3332 - Teron Harris v. USA
April 17, 2017
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AMENDED OPINION filed: In its decision in Beckles, the Supreme Court made clear that the residual clause found in the prior version of USSG § 4B1.2(a) is not subject to void-for-vagueness challenges in the same way as is the residual clause of the ACCA. Consequently, Harris cannot rely on the 2015 ruling in Johnson to extend the one-year period for filing his § 2255 motion challenging his 60-month prison sentence. We thus conclude that Harris’s § 2255 motion was untimely and AFFIRM the district court’s denial of that motion, decision not for publication. Martha Craig Daughtrey (authoring), Eric L. Clay, and Deborah L. Cook, Circuit Judges.