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Peter Griesch
Peter Griesch,
Category: Criminal Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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My fiance has done 10 years felony of FA and possession of

Customer Question

My fiance has done 10 years for 3rd felony for possession of FA and possession of cocaine >3 grams. He has 6 months to go. Buy
T in light of the Johnson vs US case, ppl have been getting out sooner.. Can you please tell me how he goes about filing to get in front of a judge to get sentence reduced? What kind of motion does he file? Who do we contact for assistance as his PD, NEVER returns my calls or is available? Any advice you have is greatly appreciated!! Thank you!!
Elyssa, RN
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Peter Griesch replied 1 year ago.

Per Johnson, Imposing an increased sentence under the Armed Career Criminal Act’s residual clause violates due process. If your fiancee had his sentence determined under the residual clause, then he may file a motion with the court that sentenced him, and ask that under the Constitution's guarantee of due process the court redetermine his sentence.

If his attorney has not done so, and has been notified of his desire to do so in light of Johnson, he may also petition the court for relief for ineffective assistance of counsel under Strickland.

Seeing how he has only six months left, one it may be difficult to have his case heard before his release date, and two, that will likely mitigate under the Strickland standard.

I hope this helped.

Thank you.

Expert:  Peter Griesch replied 1 year ago.

May I answer any additional questions?

If not, would you please rate me?

Thank you.

Expert:  Peter Griesch replied 1 year ago.

Just a reminder to please rate my response. I am only paid by Just Answer is my responses are rated.

Thank you.

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