D’Antoni v. United States

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In 1987, D’Antoni was charged with selling cocaine to a juvenile resulting in her death. While in jail, D’Antoni offered another inmate $4,000 to kill a government witness related to the charge. The inmate went to the police. D’Antoni was charged with conspiracy to kill a government witness and pleaded guilty to both charges. The Seventh Circuit affirmed his sentence of 35 years in prison on the drug charge and a consecutive 5-year term for the conspiracy.In 1991, D’Antoni was convicted of conspiracy to distribute LSD while in jail and received an enhanced sentence under the career offender provision of the 1990 Sentencing Guidelines, based on his prior felony drug and felony “crime of violence” convictions. The “crime of violence” definition included a residual clause, encompassing any felony “involv[ing] conduct that present[ed] a serious potential risk of physical injury to another." D’Antoni was sentenced before the Supreme Court (Booker) held that the Guidelines must be advisory. In 2015, the Supreme Court (Johnson), held the identical Armed Career Criminal Act residual clause “violent felony” definition was unconstitutional. D’Antoni sought resentencing, 28 U.S.C. 2255. In 2017, the Supreme Court held that Johnson did not extend to the post-Booker advisory Guidelines residual clause. The Seventh Circuit held, in its 2018 “Cross” decision, that Johnson did render the pre-Booker mandatory Guidelines residual clause unconstitutionally vague.The Seventh Circuit concluded that D’Antoni is entitled to resentencing even though “conspiracy,” “murder,” and “manslaughter” were listed as crimes of violence in the application notes to the 1990 version of USSG 4B1.2. The application notes’ list of qualifying crimes is valid only as an interpretation of USSG 4B1.2’s residual clause; because Cross invalidated that residual clause, the application notes no longer have legal force. View "D'Antoni v. United States" on Justia Law