The Third Circuit granted rehearing en banc in two related criminal cases that will be argued on October 10. The cases are US v. Santiago, 16-4194, and US v. Harris, 17-1861.
The appellant in Santiago summarized the issue thus:
Whether a defendant’s prior New Jersey conviction for assaulting a law enforcement officer is a “crime of violence” under the elements clause of the Sentencing Guidelines
And one appellant in Harris:
Does Appellant’s ACCA-enhanced sentence violate his right to due process of law because it relies on prior convictions for Pennsylvania robbery and aggravated assault that are not categorically violent felonies under the Armed Career Criminal Act?
So if Johnson, Descamps, Mathis, and the categorical approach are your cup of tea, you won’t want to miss en banc argument day next month.