172424P.pdf   09/06/2018  Jeffrey Russo  v.  United States
   U.S. Court of Appeals Case No:  17-2424
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Beam, Circuit 
   Judge] 
   Prisoner case - Habeas. Russo asserts a right under the Due Process Clause 
   to be sentenced without reference to the residual clause of Guidelines 
   Sec. 4B1.2(a)(2) under the mandatory guidelines; whether Johnson restarted 
   the one-year habeas limitations period turns on whether Johnson "newly 
   recognized" this asserted right; however, Russo's asserted right is not 
   dictated by Johnson, and the better view is that Beckles leaves open the 
   question whether the mandatory guidelines are susceptible to vagueness 
   challenges; because the matter is still an open question and the answer is 
   reasonably debatable, Johnson did not recognize the right Russo seeks to 
   assert, and he cannot benefit from the limitations period in Section 
   2255(f)(3); the district court properly dismissed the motion as untimely.