152229P.pdf   03/23/2016  United States  v.  Gregory Shockley
   U.S. Court of Appeals Case No:  15-2229
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Gruender, Author, with Colloton and Shepherd, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The unchallenged statements 
   in the affidavit submitted in support of the search warrant application 
   established probable cause, and the district court did not err in denying 
   defendant's motion for a Franks hearing; on the question of whether 
   defendant qualified for sentencing under the Armed Career Criminal Act, 
   the matter must be remanded for resentencing as the court could not 
   conclude on this record that any of defendant's prior convictions were 
   violent felonies under the force clause of the Armed Career Criminal Act; 
   because the parties were proceeding in this case before the issuance of 
   the decision in Johnson, the government and the district court relied on 
   the residual clause to determine that defendant's prior offenses were 
   violent felonies and the government had no reason to submit documents 
   which could have established that the felonies did qualify under the force 
   clause; as a result, on remand, the district court is not limited to the 
   existing record in determining whether defendant qualified for sentencing 
   as an armed career criminal, and the district court may hear any relevant 
   evidence it could have heard at the first sentencing hearing; the court 
   has not yet decided whether Johnson's void-for-vagueness standard applies 
   to the sentencing guidelines and declines to resolve the issue or 
   otherwise instruct the district court in calculating defendant's advisory 
   guidelines range on remand.