DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
182349P.pdf 08/13/2019 Travis Raymond v. United States
U.S. Court of Appeals Case No: 18-2349
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] {Kelly, Author, with Loken and Erickson, Circuit Judges]
Prisoner case - Habeas. The error in Raymond's sentence was a
constitutional one since the district court determined that the sentence
imposed on his firearm count was based on the ACCA's unconstitutionally
vague residual clause; the mere fact that the district court could have
imposed the same term of imprisonment without the ACCA enhancement does
not make the error harmless; the sentencing error identified by the
district court would prejudice Raymond, entitling him to relief under
Section 2255; the matter is remanded to the district court for further
consideration under Quarles v. U.S., 139 S. Ct. 1872 (2019 and, if
necessary, consideration of other factors affecting the court's Rule
60(b)(6) ruling in the matter.