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U.S. v. PAWLAK

No. 15-3566.

822 F.3d 902 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Jesse J. PAWLAK, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 13, 2016.

Attorney(s) appearing for the Case

ARGUED: Vanessa Malone , Office of the Federal Public Defender, Cleveland, Ohio, for Appellant. Jason M. Katz , United States Attorney's Office, Youngstown, Ohio, for Appellee. ON BRIEF: Wendi L. Overmyer , Office of the Federal Public Defender, Cleveland, Ohio, for Appellant. Jason M. Katz , United States Attorney's Office, Youngstown, Ohio, for Appellee.

GRIFFIN, J., delivered the opinion of the court in which BOGGS, J., joined, and GIBBONS, J., joined in Parts I-III. GIBBONS, J. (pp. 913-14), delivered a separate concurring opinion.

OPINION

In this case, we consider whether the Supreme Court's holding in Johnson v. United States, ___ U.S. ___, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), that the Armed Career Criminal Act's "residual clause" is unconstitutionally vague, compels the same result for an identical...

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