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U.S. v. HORNYAK

No. 14-50299.

805 F.3d 196 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher Michael HORNYAK, also known as Christopher Hornyak, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 30, 2015.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.

William Jack Browning, Esq. , Trial Attorney, Law Office of William J. Browning, Austin, TX, for Defendant-Appellant.

Before DAVIS, CLEMENT, and COSTA, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

We must decide whether a sentence imposed pursuant to the residual clause of the Armed Career Criminal Act (ACCA), which the Supreme Court recently found to be unconstitutionally vague, should be vacated on plain error review.

Hornyak pleaded guilty to...

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