Document Type
Brief
Publication Date
2-16-2016
Abstract
Amici are scholars of federal courts, sentencing, and criminal law. They have a shared interest in the application of retroactivity principles to decisions regarding criminal sentencing and believe that the intellectual history of retroactivity doctrine is helpful to answering the question in this case.
If Teague's retroactivity bar applies to collateral challenges to federal sentences, then the rule announced in Johnson applies retroactively under Teague (either because it qualifies as an "exception" to Teague's retroactivity bar, or because it was not subject to the bar in the first place). If Teague's bar against retroactive application of new constitutional rules does not apply to collateral challenges to federal sentences, however, then Petitioner is entitled to the benefit of the new rule announced in Johnson.
Because the rule announced in Johnson applies retroactively under Teague, the Court may rule for Petitioner while assuming, without deciding, that Teague applies to collateral challenges to federal sentences. Finally, applying Johnson to cases on collateral review would not unduly burden the federal courts. Finally, applying Johnson to cases on collateral review would not unduly burden the federal courts.
Recommended Citation
Brensike Primus, Eve, "Welch v. United States: Brief of Scholars of Federal Courts and Sentencing as Amici Curiae in Support of Petitioner" (2016). Appellate Briefs. 105.
https://repository.law.umich.edu/briefs/105
Comments
Amicus: Batey, Professor Robert; Berman, Professor Douglas A.; Berry, Professor William W. III; Puckett, Professor Jessie D.; Chemerinsky, Professor Erwin; Chin, Professor Gabriel J.; Exum, Professor Jelani Jefferson; Freedman, Professor Eric M.; Garrett, Professor Brandon L.; Hessick, Professor Carissa Byrne; Hong, Professor Kari; Howell, Professor Babe; Kirchmeier, Professor Jeffrey L.; Kovarsky, Professor Lee; Levin, Professor Benjamin; Litman, Professor Leah M.; Zydney, Professor Michael J.; Marceau, Professor Justin; McMunigal, Professor Kevin C.; Ortman, Professor William; Perlin, Professor Michael L.; Podgor, Professor Ellen S.; Primus, Professor Eve Brensike; Radice, Professor Joy; Vladeck, Professor Stephen I.; Yackle, Professor Larry W.; Zeidman, Professor Steven