Welch v. United States
United States Supreme Court
136 S. Ct. 1257 (2016)
Relevant factsFree
After Welch (defendant) was sentenced under the Armed Career Criminal Act's residual clause enhancing sentences for prior violent felonies, the Supreme Court in Johnson held that clause void for vagueness; Welch then sought collateral relief arguing Johnson should apply retroactively to his earlier sentence, a position the government (plaintiff) agreed with, but the district court and court of appeals denied relief, and the Supreme Court granted certiorari.
IssueFree
Whether a new substantive criminal rule applies retroactively to cases already final on direct review.