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IN RE HOFFNER

No. 15-2883.

870 F.3d 301 (2017)

IN RE: Thomas F. HOFFNER, Jr., Petitioner.

United States Court of Appeals, Third Circuit.

Filed: September 7, 2017.

Attorney(s) appearing for the Case

Lisa B. Freeland [ARGUED], Office of Federal Public Defender, 1500 Liberty Center, 1001 Liberty Avenue, Pittsburgh, PA 15222, Counsel for Petitioner.

Louis D. Lappen , [ARGUED], Robert A. Zauzmer , Emily McKillip , Office of United States Attorney, 615 Chestnut Street, Suite 1250, Philadelphia, PA 19106, Counsel for Respondent.

Before: McKEE, AMBRO and RESTREPO, Circuit Judges.

OPINION OF THE COURT

In Johnson v. United States, ___ U.S. ___, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), the Supreme Court held that the residual clause of the Armed Career Criminal Act (ACCA) is unconstitutionally vague. An identical residual clause existed until recently...

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