Argued: September 27, 2018
from the United States District Court for the District of
South Carolina, at Florence. Terry L. Wooten, Chief District
Kimberly Harvey Albro, OFFICE OF THE FEDERAL PUBLIC DEFENDER,
Columbia, South Carolina, for Appellant.
Fisher Sherard, OFFICE OF THE UNITED STATES ATTORNEY,
Greenville, South Carolina, for Appellee.
Drake, United States Attorney, OFFICE OF THE UNITED STATES
ATTORNEY, Columbia, South Carolina, for Appellee.
GREGORY, Chief Judge, and MOTZ, Circuit Judge, and William L.
OSTEEN, Jr., United States District Judge for the Middle
District of North Carolina, sitting by designation.
GRIBBON MOTZ, CIRCUIT JUDGE:
jury in 2010 found Shelton Demond Ketter guilty of being a
felon in possession of a firearm, the district court applied
the residual clause of the Armed Career Criminal Act
("ACCA"), 18 U.S.C. § 924(e)(2)(B), to
sentence him to 192 months' imprisonment and five years
of supervised release. Following Ketter's successful
challenge to his sentence as contrary to Johnson v.
United States, 135 S.Ct. 2551 (2015), and Welch v.
United States, 136 S.Ct. 1257 (2016), the court
resentenced him to imprisonment for time served, followed by
two years of supervised release to expire in April 2019.
Ketter appeals, challenging his sentence as procedurally and
substantively unreasonable. After rejecting the
Government's contention that the case is moot, we affirm
the judgment of the district court.
the district court originally sentenced Ketter, he had two
prior convictions for South Carolina second-degree burglary.
Pursuant to then-controlling law, these prior crimes provided
the basis for finding him an "armed career
criminal" under the ACCA's residual clause. This
subjected him to a mandatory minimum sentence of fifteen
years' imprisonment with a Guidelines range of three to
five years of supervised release. U.S.S.G. § 5D1.2(a)(1)
holding the ACCA's residual clause unconstitutional in
Johnson, the Supreme Court held in Welch
that Johnson announced a substantive rule that
applied retroactively to cases on collateral review.
Welch, 136 S.Ct. at 1268. In response to these
holdings, Ketter filed an amended petition to correct his
sentence under 28 U.S.C. § 2255. He maintained, and the
Government agreed, that Johnson and Welch
established that he no longer qualified as an armed career
16, 2016, the parties jointly moved for expedited
resentencing. Six months later, Ketter moved for immediate
resentencing. Unclear as to whether Mathis v. United
States, 136 S.Ct. 2243 (2016), applied retroactively on
collateral review, the district court ordered additional
briefing on the issue. The parties agreed that it did. The
court then set the case for resentencing but discovered that
a pending Fourth Circuit case, United States v.
Hall,684 Fed.Appx. 333, 335-36 (4th Cir. 2017),
presented the precise question regarding the applicability of