Driver v. United States

Background

An individual filed a petition asking the Supreme Court to review a decision from the United States Court of Appeals for the Eleventh Circuit and sought permission to proceed without paying fees. The Court granted that permission, took the petition, vacated the lower court’s judgment, and sent the case back for further consideration in light of Johnson v. United States.

Reasoning

The central issue is how the Court’s decision in Johnson affects cases that relied on the Armed Career Criminal Act’s residual clause. The Supreme Court’s action — holding the petition, vacating the judgment, and remanding — instructs the Eleventh Circuit to reconsider the case now that Johnson has been decided. The order does not itself decide whether the petitioner should win; it directs the lower court to apply Johnson’s ruling and reach its own conclusion.

Real world impact

Lower courts that had paused similar appeals while Johnson was pending will now reconsider those cases on the merits. The order may lead to more appeals or resentencings for people whose sentences rested on the challenged residual clause. The Supreme Court’s vacatur and remand do not automatically give relief to the petitioner; the lower court must determine entitlement.

Dissents or concurrances

Justice Alito wrote separately to agree with granting, vacating, and remanding. He emphasized that many petitions were held pending Johnson and warned that this Court’s disposition does not itself indicate whether the petitioner will ultimately receive relief.