FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT March 13, 2017
_________________________________
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
No. 16-1350
v. (D.C. Nos. 1:16-CV-01210-JLK and
1:13-CR-00400-JLK-1)
JEFFREY SCOTT TAYLOR, (D. Colo.)
Defendant - Appellant.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before HARTZ, MURPHY, and PHILLIPS, Circuit Judges.
_________________________________
Defendant Jeffrey Taylor filed a motion under 28 U.S.C. § 2255 collaterally
attacking his sentence. He argued that the calculation of his sentencing guideline range
had relied on the residual clause of USSG § 4B1.2(a)(2) and that the residual clause is
unconstitutionally vague because it uses essentially the same language as the language in
the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(b), which was held to be
unconstitutionally vague in Johnson v. United States, 135 S.Ct. 2551 (2015). The district
court denied the motion but granted a certificate of appealability. We AFFIRM the
*
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument. This order and judgment is not binding
precedent, except under the doctrines of law of the case, res judicata, and collateral
estoppel. It may be cited, however, for its persuasive value consistent with
Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
decision below. In Beckles v. United States, No. 15-8544, 2017 WL 855781 (S.Ct. Mar.
6, 2017), the Supreme Court held that the unconstitutional-vagueness holding in Johnson
does not apply to the residual clause in the sentencing guidelines. The other issues raised
by the parties are moot.
Entered for the Court
Harris L Hartz
Circuit Judge
2