The Supreme Court held today in Welch v. United States, No. 15-6418 that the rule announced in Johnson is substantive and thus retroactive, 7-1, Justice Kennedy writing the opinion and Justice Thomas the lone dissent.
See Welch v US. For successors, the Supreme Court has “made” Johnson retroactive.

Johnson is substantive because it alters “the range of conduct or the class of persons that the law punishes.” It is not procedural because procedural rules “regulate only the manner of determining the defendant’s culpability,” and Johnson “had nothing to do with” that. “The residual clause is invalid under Johnson, so it can no longer mandate or authorize any sentence.”

The Court not only said nothing to prejudice the issue in guidelines cases, but said lots that strengthens our position and undermine the government’s. For those replying to the government’s argument, or in a position to file a 28(j) letter, Welch will significantly help.